david Kelly
David maintains a national practice in, primarily, complex litigation matters. Named as South Australia’s ‘Young Lawyer of the Year’ in 2023, he is regularly led by leading Kings Counsel and Senior Counsel in significant matters. He has a particular interest in appeals (including in crime) and appeared in Perre v The King, Alzuain v The King, and HB v The King.
David is active in the service of the legal profession. He is a member of Council of the South Australian Bar Association and previously held appointments as Senior Reporter of the South Australian Law Reports and to the Civil Litigation Committee of the Law Society of South Australia. He has published articles on topics including the Legislation Interpretation Act 2021 (SA), Trustee Act 1936 (SA), Building Work Contractors Act 1995 (SA), Supreme Court Act 1935 (SA), and Airbnb.
Before being called to the Bar, David was a Senior Associate at a boutique Adelaide law firm where he worked predominantly in dispute resolution. Earlier in his career, he served as Associate to the Honourable Justice Peek of the Supreme Court of South Australia.
PRACTICE AREAS
Appellate Advocacy
Bankruptcy and Insolvency
Building, Construction and Engineering
Commercial Law
Common Law
Competition and Consumer Law
Conveyancing
Employment Law
Equity and Trusts
Property Law
Public and Administrative Law
Succession
Contact Details
Ph: (08) 8231 2344
dkelly@jeffcott.com.au
ADMISSIONS / APPOINTMENTS
Admitted to Practice -
Signed Bar Roll - 2024
qualifications
David’s education includes double First Class Honours in Law and Legal Practice and Psychology from Flinders University. He graduated with the University Medal as Dux of Law and seven subject prizes together with Chancellor’s Letters of Commendation.
RECENT CASES
Private international law
Hani v Bank Audi (SASC, Stein J as her Honour then was, judgment reserved) – for the applicant, resisting an application to stay civil proceedings on forum non conveniens and exclusive jurisdiction grounds. Led by C Jacobi KC and C Munt.
Commercial
Little Cashy Pty Ltd & Anor v Nesfall Py Ltd & Anor (FCA, McDonald J, ongoing) – for the applicants, in an application for relief and damages relating to a defective sewerage system at major pub. Led by D McConnel SC.
DiGiorgio Family Wines Pty Ltd v Albarran & Ors (SASC, Kourakis CJ, judgment reserved) – for the respondents, in defence of an application for relief and under Corporations Act 2001, Personal Property and Securities Act 2009,and statutory / general law liens relating to a receivership. Led by H Heuzenroeder.
Shiels & Anor v Dunstan [2024] NTSC 69 (Luppino AsJ) – for the respondents, in an application to stay civil proceedings pending criminal allegations. Led by D McConnel SC.
Bellara Aged Care Village Pty Ltd v Serafini & Ors & Minister for Health and Wellbeing (SASC, McIntyre J) – for the applicant, in an application to terminate a retirement village scheme over property title. Led by N Floreani KC.
Evans & Anor v Xinyu International Group Pty Ltd (SASC, Dart AsJ) – for the third-party, in a successful application for orders that Registrar register lease on property title. Led by W J Wells KC.
Civil
Syahpoosh v Permeh & Anor [2024] SADC 60 (Judge Durrant) – for the applicant, in a successful application to retain second caveat on property title. Unled.
Lovrinov v Dean & Ors (SASC, Dart AsJ) – for the applicants, in successful defence of appeal against dismissal of an application to set aside default judgment. Unled.
Parmenter v Gentle (SASC, Bochner AsJ) – for the respondent, in successful defence of an application to warn a caveat, leading to orders for vacant possession for breach of settlement deed with indemnity costs. Unled.
Criminal
HB v The King [2025] SASCA 73 (Doyle, Bleby and David JJA) – for the appellant, in a successful appeal against sentence for false imprisonment and aggravated cause harm with intent. Led by M Shaw KC.
Alzuain v The King [2025] SASCA 67 (Kourakis CJ, Livesey P and Bleby JA) – for the appellant, in a successful appeal against conviction for murder. Led by M Shaw KC.
Perre v The King [2023] SASCA 55 (Livesey P, Bleby and David JJA) – for the appellant, in an appeal against conviction for murder, who died whilst judgment was reserved). Led by A Tokley KC, S McDonald SC (as McDonaldJ then was) and G Aitken.