David Alderman |

General

I was born on 6 November 1953 in Adelaide, South Australia. I was first admitted to practice as a solicitor in South Australia in 1979. I moved to the Territory in January 1980 to work for the Darwin firm, Ward Keller. I became a partner of that firm in 1986. In 1984 I spent 10 months working in the ACT and NSW. I joined the Independent Bar on 1 February 1995. I practice from William Forster Chambers, Darwin. I have been engaged as a mediator and have been assisting clients at mediations since 2003. In 2009 I started acting as an adjudicator in claims made pursuant to the Construction Contracts (Security of Payments) Act (NT).Representative of the NT Bar Association to Law Society Council 2015 – 2018; Member Mental Health Review Tribunal from February 2017; Sessional Member Northern Territory Civil and Administrative Tribunal from July 2018.

I practice mainly in Commercial litigation.

Degree

L.L.B. Adelaide University, 1977

Qualifications

I am Admitted to practice in the High Court, the Federal Court and the Supreme Courts and lower courts of South Australia, New South Wales, the ACT and the Northern Territory

LEADR Mediation Workshop May 2003; Supreme Court List of Mediators 2003; Delegate of the Commissioner of Business Tenancies (Mediator), February 2006; Certificate in Adjudication, Building and Construction Industry Payments Act 2004 (Qld), March 2009; Registered Adjudicator No 23 Northern Territory of Australia pursuant to Construction Contracts (Security of Payments) Act (NT), May 2009.

Recent Matters

Negligence – Damage – cost of preventing a foreseeable risk of future loss from an actual threat of physical harm;
Trust – conditions – end of object – return to payer;
Sale of Land – breach of condition – damages – specific performance;
Unit Titles – occupier causes damage – duty of corporation – recovery – nuisance;
Residential Tenancy – security deposit – compensation;
Equitable Estoppel – Mistake – over payment – Public Servant
Supply and Install contract – defect – exception to rectification damages;
Estate – Removal of Administrator – argument whether de facto – one child – jurisdiction – accounting – injunction;
Investment – Financial Adviser – Adviser company dissolved – no money returned – liquidation – receipt with knowledge;
Sale of movable house – termination – deposit – fixture – loss on re-sale – settled;
Person dies by fire – Fatal Injuries Claim – Set aside dismissal of claim – dismissal set aside;
Contract for Loan – claim of de facto relationship – set aside dismissal of claim – dismissal set aside;
Estate – Family Provision – Illegitimate daughter – most of estate distributed;
MACA claim – TIO incorrectly denies claim – MACA appeal – Assessment of Benefits
Estate – Contested Application for Administration – Informal Will – Daughter – No Spouse;
Contract for services – sue for payment – defective works – Judgment;
Shareholder dispute – oppressive, discriminatory or prejudicial conduct – liquidation or purchase of shares – value of business;
Contract of Services – termination – interference with Contractual Relations;
Estate – Family Provision by Husband – Short Marriage – Life Insurance – Wife’s House – Will – Estate to Children;
Residential Tenancy – Notice of Termination – alleged breach by tenant – Settled
Diligence and competence – negligence – termination of retainer – challenged invoice – money in trust for costs;
Trust – use of money held in trust;
Competence and diligence – delay – lack of supervision – Misrepresentation to client;
Competence and diligence – negligence – termination of retainer – action likely to fail;
Joint Venture – Partnership – termination – distribution of profits – conduct of business after termination – settled
Mediator – Personal Injuries – Landlord – Agent – Claimant – Unresolved;
Restitution – Proprietary Estoppel – Licence – Breach of Licence – Injunction – Equitable Damages – Unjust Enrichment – Settled – part heard;
Contract for Electrical works – sued for payment – fraud – terms of contract – variation – abandonment – Judgment;
Mediator – breach of contract for services – Bullying – settled

Contact Details

David Alderman
William Forster Chambers
26 Harry Chan Avenue
Darwin NT 0800

GPO Box 4369
DARWIN NT 0801

Tel: + 61 (0)8 8982 4700
Fax: + 61 (0)8 8941 1541
email: dalderman@williamforster.com