Dain Locke was admitted as a solicitor in 1998 and has practiced almost solely in litigation for over 21 years. He has extensively conducted matters and appeared as an advocate in the State and Commonwealth Courts and Tribunals in such matters as commercial litigation, debt recovery, personal and corporate insolvency and administrative review.
- Bachelor of Laws (UQ)
- Bachelor of Commerce (UQ)
- Graduate Diploma of Legal Practice (QUT)
- Solicitor of the Supreme Court of Queensland
- Solicitor of the High Court of Australia
- Member of the Queensland Law Society
Dain has undertaken a high volume of debt recovery work for clients ranging from publicly listed companies to small businesses. He is particularly skilled in improving his clients’ debt recoveries by the use of security interests in land and other assets.
Acting as a solicitor advocate in all Courts and Tribunals has given Dain the experience and knowledge to conduct his clients’ matters in a practical, commercial and cost effective manner.
Dain specializes in secured debt recovery for commercial clients utilizing caveats over real property to recover their outstanding debts.
Examples of Dain’s work include:
- Phillips v Hogg  QSC 390 (which has been cited in 9 decisions since)
- Simonidis & Ors v Bremer  QSC 69 (cited 1 occasion since)
- Hambleton and Imray v Bates-Wagstaff  QDC 162
- Freeman v Joiner  FCA 547
- Freeman v Joiner  FCAFC 67 (which has been cited in 9 decisions since)
- Freeman v NAB  FCA 659
- Freeman v NAB  FCA 866
- Knight & Anor v Young  QDC 133
- Elliot v QBSA  QCAT 428
- Advantage Retail Management P/L v Security Dynamics Australia P/L and Anor  QMC 14
- Green v Tri-Barfen Pty Ltd  QDC 160 (which has been cited in 6 decisions since)
Dain has acted for numerous businesses in the transport, construction and supply industries and on behalf of other law firms seeking the recovery of their fees in many types of commercial litigation in the Courts. For example:
- He appeared in the District Court of Queensland resisting an appeal conducted by Counsel, and achieved a successful result for a client.
- He has appeared in all Courts in many types of applications for orders from the Court for various types of matters, whether or not opposed by the other party.
- He successfully obtained leave to proceed against a bankrupt who owed fees to a family law firm and then obtained judgment in the Magistrates Court. He then successfully applied to the Supreme Court and obtained an order that the funds held in the trust accounts of both that family law firm and another law firm be paid to his client family law firm in satisfaction of that judgment.
- He has successfully applied for orders as advocate in the Supreme Court seeking orders for the sale of real property where the owner or co-owner has owed a debt to a business which had a charging client clause in their credit agreement. His skill as both a solicitor advocate and in the drafting of legal submissions was once commented on in favourable terms by the then Chief Justice Paul de Jersey.
- He recently conducted a trial as advocate in the Magistrates Court where he successfully defended a third party claim seeking contribution from a co-guarantor.
Dain has acted for Administrators, Liquidators and Trustees in Bankruptcy in many types of insolvency proceedings in the Courts. For example:
- He appeared in the Federal Court as an advocate for a Trustee in Bankruptcy against an appeal of a decision to declare a former bankrupt a vexatious litigant and achieved a successful result;
- He appeared in the Federal Court as an advocate for a Trustee in Bankruptcy against an application under section 178 of the Bankruptcy Act 1966 seeking an order assigning a right of action and achieved a successful result; and
- He appeared in the Federal Court as an advocate for a Trustee in Bankruptcy against an appeal of the Federal Court decision and achieved a successful result.
- He has successfully recovered preference payments on behalf of liquidators and bankruptcy trustees from the Deputy Commissioner of Taxation (ATO).
ADMINISTRATIVE REVIEWS IN QCAT
Dain has conducted a number of administrative review matters in the Queensland Civil and Administrative Tribunal on behalf of the Queensland Building and Construction Commission.
In doing so he has appeared at hearings against Counsel, solicitors and where the other party is self-represented.