Daniel Smith

Daniel works across both ConMoto’s general commercial/contracts team and disputes team, which provides him with a practical edge in commercial matters. Working across both teams means his contract drafting is shaped by what he has seen go wrong in his disputes experience, and when a commercial relationship breaks down, he understands the contractual landscape from the ground up.

Daniel brings his combined education in law and finance to understand and give weight to the commercial stakes behind legal questions and the practical implications of any risk.

Daniel’s experience includes:

• Acting for multiple clients in SaaS and software agreement disputes, including negotiating resolutions and drafting effective instruments to unwind failed implementations.
• Conducting regulatory research in support of dispute strategy, analysing case law and legislation across a broad range of areas including animal welfare, mining and personal property securities.
• Drafting pre-litigation correspondence and demand letters in a number of commercial disputes.
• Advising clients in shareholder disputes and company breakdowns, including navigating competing interests and working toward commercial resolution.
• Guiding clients through the financial assistance whitewash procedure under the Corporations Act 2001 (Cth), including advising on statutory requirements and preparing the necessary documentation.
• Drafting and negotiating commercial contracts (including supply arrangements, equipment hire, marketing and SaaS agreements) with an emphasis on fast turnarounds and practical risk mitigation.