DAMIAN McGRATH


Damian has been Senior Counsel at Ezra Legal since 2018. Previously he was a partner of 15 years at one of the largest legal firms in Adelaide. He was admitted to practice in 1994.

Damian’s experience assists him to assess matters beyond the immediate presenting issues, looking for effective, innovative and cost-efficient solutions that reduce risk and achieve commercial objectives, invariably by avoiding protracted and costly formal litigation. Where a client is faced with a seemingly unreasonable and impractical opponent, litigation is pursued through a methodical and well-planned strategy.

Areas of Practice

Damian’s key areas of practice are:

  • Insolvency
  • Defamation
  • General/Complex Commercial Ligation
  • Industrial Relations
  • Estates Disputes

Damian has acted in a number of complex and protracted insolvency administrations, both for and against external administrators. His comprehensive knowledge of the law, combined with a commercial approach is well suited to efficiently and effectively achieving the aspirations of his clients.

In addition, Damian is a leading practitioner in the area of defamation having represented various Federal and State politicians, local government and accountancy leaders as well as private clients in actions against the major national and local media, Google, Facebook and the like.

Experience

With over 26 years of experience in the insolvency and commercial litigation sector, Damian has acted for all the various local and national insolvency firms, including Worrells, Ferrier Hodgson, BRI Ferrier, Heard Phillips Lieberenz and Duncan Powell in his capacity as a specialist in corporate and personal insolvency, restructuring and recovery work, teaming with administrators and liquidators in restructuring, investigation and recovery of assets and the public examinations of company officers.

He also represents those parties affected by insolvency, successfully acting for directors, creditors, guarantors and employees seeking to traverse the minefields which are the corporate insolvency and bankruptcy regimes including in relation to preferential payments.

Examples of cases that Damian has successfully represented include:

  • Harris Scarfe, acting for a number of international companies, including Adidas and Puma defending multimillion-dollar claims brought by Liquidators
  • Gerard Corporation defending extensive insolvent trading claims
  • Leading radiology practice in litigation brought by the Liquidator of a defunct operation
  • A Federal Senator and State Minister in defamation proceedings commenced against the then Opposition Leader (“the Dodgy Documents” Affair)
  • Representing a leading Australian Food Manufacturer in the Employment Tribunal
  • A leading South Australian Regional company defending a $5-10M claim in relation to the establishment of a complex manufacturing process
  • Numerous prominent small business operators in South Australia against preferential payment claims brought by liquidators

Memberships

  • Australian Restructuring Insolvency and Turnaround Association(ARITA) Member

Qualifications

  • Bachelor of Economics
  • Bachelor of Laws
  • Graduate Diploma in Legal Practice
  • Advanced Insolvency from the Insolvency Practitioners Association of Australasia

Awards

  • Workshop Leader for the Australian Restructuring Insolvency and Turnaround Association (ARITA)
  • Doyles Guide – Recommended as one of the Leading Insolvency & Reconstruction Lawyers