Rob Davis (barrister)

Rob Davis

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Born|  (1955-11-11) November 11, 1955 (age 69)
Nationality| Australia
Citizenship| Australian
Alma mater| University of New England
Occupation|

* Barrister
* Author
* Legal presenter

Robert (Rob) John Davis (born 11 November 1955) is an Australian barrister, author, legal presenter and law reform campaigner based on the Gold Coast, Queensland, Australia

## Contents

* 1 Early life and education
* 2 Legal Career
* 3 Legal positions
* 4 Law Reform
* 5 Writing
* 6 Honours
* 7 Bibliography
* 8 References

## Early life and education[edit]

Davis completed secondary education at the Miami State High School in Queensland. He studied law part-time while he completed 5-years Articles of Clerkship under Robert William Marshall at the then firm of Attwood Marshall & Woodward Solicitors in Queensland.

He graduated with a Bachelor of Social Science from the University of New England in 1989, and subsequently attended Bond University on two occasions where he graduated with a Masters of Law in 1991, and a second Masters of Law (Corporate & Commercial) in 1999.[1].

## Legal Career[edit]

Davis was admitted as a solicitor if the Supreme Courts of Queensland and New South Wales in 1979 and was admitted as a solicitor and barrister in Victoria in 1980.

Davis practised as a solicitor between 1979 and 2007. In that period he worked as a litigation lawyer in a mid-tier legal partnership.

By 2000 Davis had become increasingly engaged in public campaigns for legal reform. In 2000 he left law partnership to become more active in those activities through positions at the Australian Lawyers Alliance (ALA) and later, the Queensland Law Society (QLS)[2][3]

In 2007 Davis joined the Queensland Bar and since that time has acted solely as a barrister, appearing primarily in courts throughout Queensland, New South Wales, and the Australian Capital Territory.

Davis is a member of the Bar Association of Queensland[4] (BAQ).

## Legal positions[edit]

Davis is a founding member of the Australian Lawyers Alliance[5] (ALA)[6], a national association of lawyers and academics formed in 1994 with the stated object of preserving and promoting justice, freedom and the rights of the individual[7]. He was elected National President of ALA and served two consecutive terms in that capacity in 2001-2002[8][9]

Davis acquired a national prominence during the insurance crisis that coincided with the collapse of HIH[10][11][12][13] in early 2001[14][15][16] and the period of intense national debate and legislative reform that followed. During that period he opposed pressure from industry associations and insurers who were seeking Tort_reform|tort reform to restrict the common law rights of Australian citizens[17][18][19][20][21][22][23].

Davis was later elected President of the Queensland Law Society in 2005-2006[24]. In that capacity he continued agitating to improve access to compensation for persons injured by the wrongful conduct of others[25].

## Law Reform[edit]

Davis has appeared in significant cases that include high profile public inquiries into:

* the deaths of 11 passengers in the Tamborine Bus Crash in 1990[26];
* the disappearance of divers Tom and Eileen Lonergan at St Crispin Reef in 1998[27][28]
* the death of a young women during a Naltrexone induced Ultra Rapid Opioid Detox (UROD) withdrawal at Brisbane Waters Private Hospital in 2000;
* the death of a young driver during in New South Wales during a high speed interstate pursuit by Queensland police in 2001[29][30];
* the deaths of four patrons on the Thunder Rapids Ride at Dreamworld in Queensland in 2016[31].

The Lonergan and the Dreamworld inquests each received international media attention[32][33]. The Lonergan disappearance was the inspiration behind the 2003 thriller movie Open_Water_(film)|Open Water. These investigations resulted in recommendations for legislative reform to improve safety in the recreational dive industry[34] and in adventure theme park operations.

Following the Tamborine bus incident Davis lobbied nationally for improved safety on school buses, a campaign that was endorsed by the ALA[35][36][37][38] and then taken up by many others around Australia[39]. This campaign contributed to significant changes including elimination of standing on high risk bus routes, better identification of school buses, and the calming of traffic by way of school zones[40].

Davis has made (and contributed towards) numerous submissions to government on law reform issues and has given evidence to Productivity Commission and Australian Senate Committee Inquiries into increasing insurance premiums and civil litigation[41].

## Writing[edit]

Davis has co-authored legal publications for lawyers in personal injury law and product liability law and has published many articles in legal and industry journals (refer to bibliography below). He has given many lectures and presentations on diverse legal topics to legal, medical and other professional audiences.

## Honours[edit]

In 1988 Davis received an ALA Civil Justice Award for his contribution to school bus safety[42] In 2004 he received a further Civil Justice Award for his contribution towards the objects of ALA[43].

## Bibliography[edit]

This list is incomplete.

* Davis, Robert. The Effect of The Decision of The Full Court of The Federal Court of Australia in Cooling -v- FCT, (1990) Revenue Law Journal, 1:2, 216.
* Davis, Robert. The Origin of The Duty of Disclosure in Insurance Law, (1991) Insurance Law Journal, 1, 71.
* Davis, Robert. Litigation USA Style, (1994) The Proctor, Jan/Feb, Qld Law Society Publication.
* Davis, Robert. Why Plaintiffs are The Losers in Personal Injury Negotiations, (1994), APLA Update, April.
* Davis, Robert. Slips & Trips that Cost an Arm & a Leg, (1993) Tourism & Travel Review, 1:5, March.
* Davis, Robert. Negotiating Personal Injury Cases: A Survey of Attitudes & Beliefs of Personal Injury Lawyers, (1994) Australian Law Journal, 68, 734.
* Davis, Robert. Ciguatera Poisoning: How Diners Can Get Their Revenge, (1995) APLA Update, Feb/Mar, 6.
* Davis, Robert. The Regulation of Recreational SCUBA Diving, (1995) South Pacific Underwater Medicine Society (SPUMS) Journal, 25:1, 10.
* Davis, Robert. APLA Qld Response to The Law Reform Commission's Review on Litigation Costs, (1995) APLA Update, June/July, 9.
* Kellam, Travers & Davis, Product Liability Law & Practice, Legal Books, 1996.
* Griffin QC, Davis et al., Personal Injury Litigation Queensland, Butterworths, 1996.
* Davis, Robert. Push to Abolish Joint & Several Liability, (1997) APLA Update, February 11.
* Dr. Wilks, Jeff, Davis, Robert. Risk Management for Scuba Diving Operators on Australia’s Great Barrier Reef, Tourism Management, Issue 21 (2000) 591-599.
* Davis, Robert. Negotiating Personal Injury Cases[44], Plaintiff, Issue 43 (Feb 2001), 12-24.
* Davis, Robert. Interesting Times for Plaintiff Lawyers[45], Plaintiff, Issue 46 (Aug 2001), 4-5.
* Davis, Robert. Medical Indemnity Reform & Structured Settlements[46], Plaintiff, Issue 47 (Oct 2001), 4- 5.
* Davis, Robert. Premiums, Propaganda & The Push for Tort Reform[47], Plaintiff, Issue 48 (Dec 2001), 4-5.
* Davis, Robert. Hard Facts About Claims Costs & Premiums, APLA Public Position Paper, 2002.
* Examining the Claims about Increasing ‘Claims’, APLA Public Position Paper, 28 Jan 2002.
* Davis, Robert. Exploring the Litigation Explosion Myth[48], APLA Public Position Paper, 8 Jan 2002.
* Davis, Robert. Media Distortions in the Public Liability Debate[49], Plaintiff, Issue 50 (April 2002), 4-5.
* Davis, Robert. Death of Journalism[50], Plaintiff, Issue 51 (June 2002), 4-5.
* Davis, Robert. Lies, Dammed Lies and Statistics[51], Plaintiff, Issue 52 (August 2002), 4-5
* Davis, Robert. Queensland Emphasises Dispute Resolution for Personal Injury Claims to Resolve Premium ‘Crisis’, ADR Bulletin, (June 2002), Volume 5 Number 2, 1-3.
* Davis, Robert. Citizen’s Rights Under Attack[52], Plaintiff, Issue 53 (Oct 2002), 4-5.
* Davis, Robert. The Tort Reform Crisis[53], University of New South Wales Law Journal Forum, Vol 8(2) Reform of the Law of Negligence: Balancing Costs and Community Expectations, 37; also published at University of New South Wales Law Journal, Vol 25 No 3 2002, 865.
* Davis, Robert. Basic Children’s Rights Threatened by ‘Tort Reform’[54], Plaintiff, Issue 54 (Dec 2002), 4-5.
* Davis, Robert. Irrational Beliefs & Public Opinion[55], Plaintiff, Issue 55 (Feb 2003), 4-5.
* Davis, Robert. Civil Rights are just a Myth[56], Plaintiff, Issue 56, April 2003, 4-5.
* Davis, Robert. Tort Reform & Other Weapons of Mass Distraction, Lawyers Weekly, Issue 147, 13 June 2003, 10.
* Davis, Robert. Defining Justice[57], Plaintiff, Issue 57, June 2003, 4-5.
* Dr. Wilks, Jeff., Davis, Robert. Legal Notes: Current Tourism & Leisure Issues for Older Travellers, Australian Parks & Leisure, Volume 46, No 2, Winter 2003, 41-43 (With).
* Dr. Wilks, Jeff., Davis. Duty of Care to Resort Guest Who Drowned, International Travel law Journal, 2003, 4, (with Dr. J. Wilks).
* Dr. Wilks, Jeff., Davis. International Tourists and Recreational Injuries, Plaintiff, Issue 58, 2003.

## References[edit]

1. ↑ "President of Purpose - Meet new QLS President Rob Davis". Proctor Journal (August 2005, Vol. 25, No. 7 p. 14).
2. ↑ "Rob Davis Legal Eagle Flying High". Paradise Magazine (August 27-28 2005, pp. 15-17).
3. ↑ "Departing President Gets Thumbs Up". Brisbane Lawyer (10 August 2006, pp. 13-13).
4. ↑ "The Bar Association of Queensland". www.qldbar.asn.au. Retrieved 2020-09-09.
5. ↑ "About us - Australian Lawyers Alliance". www.lawyersalliance.com.au. Retrieved 2020-09-09.`{{cite web}}`: CS1 maint: url-status (link)
6. ↑ "Australian Lawyers Alliance - ALA 25th anniversary".
7. ↑ "Lawyers Alliance - Who we are".
8. ↑ Davis, Rob. "My year as National ALA President".
9. ↑ Faulks, Richard. "APLA Thanks Rob Davis".
10. ↑ "2. The rise and fall of HIH Insurance Group | Treasury.gov.au". treasury.gov.au. Retrieved 2020-09-09.
11. ↑ Davis, Robert (19 June 2015). "The Rise and Fall of HIH Insurance Group - The Treasury Australian Government".
12. ↑ Davis, Robert. "University of New South Wales Law Journal Forum, Vol 8(2) Reform of the Law of Negligence: Balancing Costs and Community Expectations, 37".
13. ↑ Davis, Robert. "also published at University of New South Wales Law Journal, Vol 25 No 3 2002, 865" (PDF).
14. ↑ Dr. Cashman, Peter. "In search of Justice: Reflections on the past, the present and the future of ALA, ALA Annual Report 2018-2019, at pp. 11-12,24-25".
15. ↑ Davis, Rob. "Lies, Dammed Lies and Statistics".
16. ↑ Dixon, Nicolee. "Public liability insurance, Research Brief No 2002/07, Queensland Parliamentary Library, at pp. 14-15" (PDF).
17. ↑ Davis, Rob (February 2002). "Exploring the Litigation Explosion Myth, Plaintiff, Issue 49".
18. ↑ Davis, Rob (June 2002). "Death of Journalism, Plaintiff Issue 51".
19. ↑ Davis, Rob (December 2002). "Basic Children's Rights Threatened by 'Tort Reform', Plaintiff Issue 54".
20. ↑ Dr. Cashman, Peter. "In search of Justice: Reflections on the past, the present and the future of ALA, ALA Annual Report 2018-2019".
21. ↑ Merritt, Chris (April 2002). "Carr lacks support on tort reform: lawyers, Australian Financial Review".
22. ↑ Davis, Rob (2002). "The Tort Reform Crisis, University of New South Wales Law Journal Forum, Vol 8(2) Reform of the Law of Negligence: Balancing Costs and Community Expectations, 37".
23. ↑ Davis, Rob (2002). "also published at University of New South Wales Law Journal, Vol 25 No 3" (PDF).
24. ↑ "Queensland Law Society, Our History: Past Presidents".
25. ↑ Davis, Rob (3 March 2012). "QLS President touts change, Lawyers Weekly".
26. ↑ "President of Purpose - Meet new QLS President Rob Davis". Proctor Journal (August 2005, Vol. 25, No. 7 p. 14).
27. ↑ The Guardian UK (23 July 2004). "Film: The Cruel Sea, The story behind new film Open Water".
28. ↑ Milliken, Robert (11 September 1998). "Divers inquest points to sharks, Independent UK".
29. ↑ The Northern Daily Leader (18 March 2002). "Police partly to blame: inquest".
30. ↑ Courier Mail (24 October 2006). "Police reprimanded over pursuit death".
31. ↑ Ludlow, Mark (6 February 2020). "Dreamworld tragedy an accident waiting to happen, Australian Financial Review".
32. ↑ The Guardian (23 July 2004). "Film: The Cruel Sea, The story behind new film Open Water".
33. ↑ Milliken, Robert (11 September 1998). "Divers inquest points to sharks, Independent UK".
34. ↑ Dr. Wilks, Jeff., Davis, Rob (October 2003). "International Tourists and Recreational Injuries, Plaintiff, Issue 59".`{{cite web}}`: CS1 maint: multiple names: authors list (link)
35. ↑ "School Bus Safety, Plaintiff Issue 45". June 2002.
36. ↑ "APLA School Bus Safety Campaign Interview Issues, Plaintiff Issue 42". December 2000.
37. ↑ "APLA's School Bus Safety Campaign Goes National, Plaintiff, Issue 42" (PDF). December 2000.
38. ↑ Irwin, Julia., Faulks, Ian (1 January 2000). "Seat Belts and Buses: A Comment on the Issues, Roadwise Journal, Vol 12".`{{cite web}}`: CS1 maint: multiple names: authors list (link)
39. ↑ Davis, Rob (February 2001). "Activate Column, Plaintiff, Issue 43".
40. ↑ Queensland University of Technology. "Final Report, Centre for Accident Research and Road Safety".
41. ↑ Official Committee Hansard (9 July 2002). "Senate Economic References Committee, Public Liability and Professional Indemnity Insurance" (PDF).
42. ↑ "National Civil Justice Award, ALA". 1998.
43. ↑ "Queensland Civil Justice Award, ALA". 2004.
44. ↑ "Davis, Rob 
 "Negotiating personal injury cases" [2001] PlaintiffJlAUPLA 4; (2001) 43 Plaintiff: Journal of the Australian Plaintiff Lawyers Association 12". classic.austlii.edu.au. Retrieved 2020-09-09.
45. ↑ "Davis, Rob 
 "President's report" [2001] PlaintiffJlAUPLA 53; (2001) 46 Plaintiff: Journal of the Australian Plaintiff Lawyers Association 4". classic.austlii.edu.au. Retrieved 2020-09-09.
46. ↑ "Davis, Rob 
 "Medical indemnity reform & structured settlements" [2001] PlaintiffJlAUPLA 68; (2001) 47 Plaintiff: Journal of the Australian Plaintiff Lawyers Association 4". classic.austlii.edu.au. Retrieved 2020-09-09.
47. ↑ "Davis, Rob 
 "Premiums, propaganda & the push for tort reform" [2001] PlaintiffJlAUPLA 87; (2001) 48 Plaintiff: Journal of the Australian Plaintiff Lawyers Association 4". classic.austlii.edu.au. Retrieved 2020-09-09.
48. ↑ "Davis, Rob 
 "President's Page: Exploring the Litigation Explosion Myth" [2002] PlaintiffJlAUPLA 2; (2002) 49 Plaintiff: Journal of the Australian Plaintiff Lawyers Association 4". classic.austlii.edu.au. Retrieved 2020-09-09.
49. ↑ "Davis, Rob 
 "Media Distortions in the Public Liability Debate" [2002] PlaintiffJlAUPLA 23; (2002) 50 Plaintiff: Journal of the Australian Plaintiff Lawyers Association 4". classic.austlii.edu.au. Retrieved 2020-09-09.
50. ↑ "Davis, Rob 
 "Death of Journalism" [2002] PlaintiffJlAUPLA 41; (2002) 51 Plaintiff: Journal of the Australian Plaintiff Lawyers Association 4". classic.austlii.edu.au. Retrieved 2020-09-09.
51. ↑ "Davis, Rob 
 "Lies, Damned Lies and Statistics" [2002] PlaintiffJlAUPLA 58; (2002) 52 Plaintiff: Journal of the Australian Plaintiff Lawyers Association 4". classic.austlii.edu.au. Retrieved 2020-09-09.
52. ↑ "Davis, Rob 
 "Citizen's Rights Under Attack" [2002] PlaintiffJlAUPLA 74; (2002) 53 Plaintiff: Journal of the Australian Plaintiff Lawyers Association 4". classic.austlii.edu.au. Retrieved 2020-09-09.
53. ↑ "The Tort Reform Crisis – UNSW Law Journal". Retrieved 2020-09-09.
54. ↑ "Davis, Rob 
 "Basic Children's Rights Threatened by 'Tort Reform'" [2002] PlaintiffJlAUPLA 89; (2002) 54 Plaintiff: Journal of the Australian Plaintiff Lawyers Association 4". classic.austlii.edu.au. Retrieved 2020-09-09.
55. ↑ "Davis, Rob 
 "Irrational Beliefs & Public Opinion" [2003] PlaintiffJlAUPLA 2; (2003) 55 Plaintiff: Journal of the Australian Plaintiff Lawyers Association 4". classic.austlii.edu.au. Retrieved 2020-09-09.
56. ↑ "Davis, Rob 
 "Civil Rights are Just a Myth" [2003] PlaintiffJlAUPLA 19; (2003) 56 Plaintiff: Journal of the Australian Plaintiff Lawyers Association 4". classic.austlii.edu.au. Retrieved 2020-09-09.
57. ↑ "Davis, Rob 
 "President's Page: Defining Justice" [2003] PlaintiffJlAUPLA 38; (2003) 57 Plaintiff: Journal of the Australian Plaintiff Lawyers Association 4". classic.austlii.edu.au. Retrieved 2020-09-09.

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