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David Fallon

Senior Associate


+61 3 8399 6184 0412 329 564

David is an experienced insurance litigator specialising in home insurance and property damage claims. He also has extensive experience in motor vehicle law and runs a broad property damage recovery portfolio.


David practices almost exclusively in home insurance property damage recovery work, with limited work in the firm’s motor vehicle practice.

David has brought numerous successful claims against prominent international manufacturers and retailers under the Australian Consumer Law and has extensive experience bringing successful claims under the Domestic Building Contracts Act and against water authorities under the Water Act.

David gained experience as a paralegal in criminal and property law throughout university before working in commercial litigation in London. On his return to Australia, he worked as a paralegal in motor vehicle law and joined Moray & Agnew post-admission as part of the motor team.

He is experienced in multiple jurisdictions, including the Magistrates’ Court, County Court, Victorian Supreme Court, Federal Court & VCAT Hearings in a broad spectrum of legal areas.

David’s knowledge and experience in multiple jurisdictions is invaluable, given the breadth of issues and incidents that lead to property damage. He is an outcome focussed practitioner and enjoys the competitive nature of litigation.

David’s aptitude for negotiation has resulted in consistently favourable settlements which he has run from file opening to outcome. Most notably, achieving some of the higher quantum settlements of the financial year for his clients.

David’s primary objective is understanding and meeting the needs of his clients, achieved through the cultivation of accessible, functional working relationships.

He is accessible for ad hoc advice from his client’s, offering his expertise readily. He prides himself on an open, approachable dialogue with clients to ensure he understands their desired outcome, keeping it front of mind throughout litigation and negotiation.


David’s skillset has resulted in great outcomes in a variety of jurisdictions and law that pertains to different causes of property damage and motor vehicle recoveries. Examples of David’s experience include:

  • Achieving dismissal of a claim brought by an insured’s tenant in VCAT
  • Recoveries against third party builders for the supply of services and goods under the Domestic Building Contract Act 1995
  • Successfully running matters to judgment in the courts against major international manufacturer’s of goods under the Australian Consumer Law
  • Overcoming liability denials from water authorities, owners corporations and individuals to obtain full recoveries under the Water Act 1989
  • Consistent record of successful outcomes in concertina motor vehicle collisions
  • Receiving instructions with liability already admitted, then through investigations identified fraudulent claims. In one instance, resulting in obtaining an order for his client’s defence costs exceeding the plaintiff’s original claim
  • Pressing the issue of insufficient discovery to three separate costs orders in one matter, culminating in the plaintiff’s solicitors withdrawing and claim abandonment.



  • Bachelor of Laws, 2018, Deakin University,
  • Bachelor of Arts (History), 2018, Deakin University