David Neal, SC

David Neal, SC
Contact Info
David Neal, SC
Areas of Practice
Administrative Law (Judicial Review), Inquests, Administrative Law (Merits Review), Occupational Health and Safety, Criminal Law, Environment
Additional Info
Taught criminal law at the University of NSW, Commissioner Victorian Law Reform Commission, Head, Legislation Branch Victorian Justice Department, Chair, Model Criminal Code Committee.

Main areas of practice at the Bar: Criminal Law, Administrative Law, Appellate, Occupational Health and Safety, Major Inquests and Royal Commissions.

Appeared for major corporations and government departments including Baulderstone, Multiplex, Leightons, Toyota, United Energy, Department of Sustainability and Environment, Victoria Police, Office of Corrections, Vicroads, Victoria Legal Aid.

Major Inquests: Inquests: Kew Cottages (for Wormald), Port Phillip Prison (for Group 4), Citylink/O'Connor (for Transfield-Obayishi Joint Venture), Beaconsfield Gold Mine (for the mine).

Royal Commissions/Major Enquiries: Children of God (for the parents); Metropolitan Ambulance Service Royal Commission (for Bureau of Emergency Services Telecommunications (BEST)).

Member of Victorian Bar Council (10 years) and serves on the Law Council of Australia committees on Criminal Law and Access to Justice. Prepared and presented numerous submissions to federal and state government committees on these areas on behalf of the Victorian Bar and the Law Council of Australia.



Gardner, Neal and Cashman (eds.), Legal Resources Book (Fitzroy Legal Service, 1977) 448 pp.

Casper, Brereton and Neal, The Implementation of the California Determinate Sentencing Law (Report to the National Institute for Justice (U.S.), 1981) 259 pp.

On Tap, Not on Top: Legal Centres in Australia 1971-1982 (ed.) (Legal Service Bulletin, 1984) 64 pp.

Criminal Laws (Federation Press, 1990) 1464 pp. with D Brown, D Farrier and D Weisbrot.

The Rule of Law in a Penal Colony: Law and Power in Early New South Wales (Cambridge University Press, 1991) 264 pp.


Public Drunkenness: Report (VLRC, 1989) 22 pp.

Public Drunkenness: Supplementary Report (VLRC, 1989) 30 pp.

Offensive Weapons: Report (VLRC, 1989) 22pp.

The Concept of Mental Illness in the Mental Health Act 1986 (VLRC, 1990) 18pp.

Mental Malfunction and Criminal Responsibility: Report (1990) 112 pp.

Homicide: Report (1991) 199pp

General Principles of Criminal Responsibility (Model Criminal Code Officers Committee, 1992) 119pp

Theft, Fraud, Bribery and Related Offences (Model Criminal Code Officers Committee, 1995) 365pp

Conspiracy to Defraud (Model Criminal Code Officers Committee, 1997) 99pp

Note: a Discussion Paper written by me preceded each of these Reports.

Neal, ìThe Role of the Fitzroy Legal Serviceî (1978) 11 Melbourne University Law Review 267

Basten, Graycar and Neal, ìLegal Centres in Australiaî (1983) 6 UNSW Law Review 163

Neal, ìThe Right to Education: The Case of Special Educationî (1982) Australian Quarterly 147

Neal and Kirp, ìThe Allure of Legalization Reconsideredî (1985) 48 Law and Contemporary Problems 63

Neal, ìLaw and Authority: The Magistracy in New South Wales 1788-1840î (1985) 3 Law in Context 45

Neal, ì The Political Significance of the Juryî in Challinger (ed), Proceedings of the Australian Institute of Criminology Conference on the Jury (Australian Institute of Criminology, 1987)

Neal, ìLaw and Authority: The Campaign for Trial by Jury in New South Walesî (1987) 8 Journal of Law and History 107

Neal, ìFree Society, Penal Colony, Slave Society, Prison?î (1987) Historical Studies 497

Drane and Neal, ìOn Moral Justifications for the Tort/Crime Distinctionî (1990) 68 California Law Review 398

Neal, ìCrime Warsî in Kelly (ed), Violence to Non-Violence: Individual Perspectives, Communal Voices (Harwood Academic Publishers, 1994), 21
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