Nationally Accredited Mediator with thirty years at the Queensland Bar. Damien brings courtroom-forged judgment to the mediation table – resolving substantial civil disputes with clarity, pragmatism and genuine care.
Damien studied Arts and Law at the University of Queensland before completing a Masters of Law at Cambridge with First Class Honours and the Lady Foundress’ Prize at Pembroke College. Called to the Bar in 1995, he built a broad practice in commercial, medico legal and personal injury litigation before becoming a Nationally Accredited Mediator in 2017. He took silk the following year, and in 2019 was awarded the Order of Australia Medal for service to the community.
Today, Damien’s practice whilst continuing to involve court work and advices, includes a strong focus on forensic mediation – helping parties resolve substantial civil disputes efficiently, drawing on the same preparation, judgment and care he brings as counsel.
On preparation, reading the parties, and why most disputes are better understood than escalated.
Litigation is a painful highway to somewhere you don’t want to be but mediation is an off ramp you should seriously consider taking.
Practical, candid, measured. Damien walks through how he prepares for a mediation day — what he looks for in the brief, how he reads the parties and why the best resolutions come from genuinely understanding the interests on both sides of the table.
OAM KC
Parties should leave the day with either a resolution or a much clearer picture of what the next step actually costs.
Contractual disputes, shareholder conflicts, insolvency matters and complex commercial claims in litigation.
Clinical negligence, surgical and diagnostic delay claims — mediating between doctors, patients and hospitals.
Workers' compensation, motor vehicle claims, public liability and product liability — pre- and post-proceedings.
Mediating claims against medical, legal and financial practitioners in negligence and disciplinary proceedings.
Building disputes, real property claims, defects litigation and construction contract matters.
Coverage disputes, liability claims and indemnity questions between insurers, insureds and third parties.
Property settlements, financial disputes and complex family law matters where litigation is underway or imminent.
Commercial & Corporate Contractual disputes, shareholder conflicts, insolvency matters and complex commercial claims in litigation.
Medico-legal Clinical negligence, surgical and diagnostic delay claims — mediating between doctors, patients and hospitals.
Insurance & Personal Injury Workers' compensation, motor vehicle claims, public liability and product liability — pre- and post-proceedings.
Professional Indemnity Mediating claims against medical, legal and financial practitioners in negligence and disciplinary proceedings.
Construction & Property Building disputes, real property claims, defects litigation and construction contract matters.
Insurance Coverage Coverage disputes, liability claims and indemnity questions between insurers, insureds and third parties.
Family Law Property settlements, financial disputes and complex family law matters where litigation is underway or imminent.
Forensic mediation – Damien’s practice is focused on substantial civil disputes where proceedings have been issued, pleadings are closed, or trial is imminent. He also mediates disputes where the prospect of litigation is looming. Damien is able to provide a venue for the mediation where sought.
Awards, directory rankings and the organisations Damien is actively involved in.
Service to the law and community
2019
Appointed Silk — Queensland Bar
2018
Recommended KC — Doyle's Guide
2025
Recommended KC — Doyle's Guide
2025
Feedback on Damien’s work as mediator.
We regularly engage Damien to act as mediator in commercial disputes.
He is a ‘go to’ mediator for difficult, complex or multi-party disputes where a versatile, creative-thinking and hard-working mediator is essential to achieving a resolution.
Damien not only has the necessary expertise, experience and gravitas of many years of litigating in the courts and acting for parties to mediations, but he has an ‘X-factor’, being his light-hearted approach and natural ability to relate to people from all walks of life, which assists him to get to the crux of problems and work his way towards achieving a resolution.
I have no hesitation in highly recommending Damien as a mediator.
Partner
We are pleased to provide a review and recommendation of Damien Atkinson KC as a mediator.
We have used Damien in matters where we have acted for both plaintiffs and defendants. In each case, we have found him to be balanced, well prepared and across the brief.
Damien has a practical style. He identifies the key issues in dispute and provides helpful
input at the right time, without overstepping. He has a calm and measured approach,
which helps the parties think carefully about the strengths and weaknesses of their
positions.
In our experience, Damien is effective in moving parties closer to settlement, and in many cases, to actual resolution. We would have no hesitation in recommending him as a mediator
Principal
We absolutely love mediating with Damien KC!
The whole process feels smooth and easy from the start. The document portal is simple to use, and being able to conduct the mediation in his chambers is convenient and saves the extra arrangements of organising a separate venue.
Damien brings a real balance to the mediation process. He is warm, approachable, and has a great sense of humour, which helps everyone feel a bit more at ease, while also demonstrating deep knowledge and professional conduct. Throughout the mediation, he stays actively engaged with the parties and consistently raises thoughtful legal and practical points that helps keep discussions moving in a productive way. Result? So far, we’re batting 100 % settlements across multiple matters, and clients walk out relieved (sometimes even smiling!).
Fingers crossed our streak continues, but with him at the helm, we’re pretty confident it will.
Damien Atkinson KC, alongside Andrew Luchich and instructed by Avant Law, appeared for the defendant in Coulon v Adams [2022] QDC 291. The full judgment is available here. The case centres around the scope of a doctor’s duty of care towards patients, including the obligation to warn patients of material risks and factors influencing the risks associated with medical procedures. On 19 December 2022, the Queensland District Court (Sheridan DCJ) delivered judgment in favour of the defendant.
Damien Atkinson KC appeared in the Supreme Court of Brisbane to represent the successful plaintiff, Trinet Ruth Wilson, and instructed by Murphy Schmidt in the matter of Wilson v Gold Coast Hospital and Health Service [2023] QSC 135. The full judgment can be found here. The judgement highlights the importance of workplace training and procedure in incidents of risk, and an employer’s duty of care towards its employees to ensure their safety. On 23 June 2023, the Supreme Court of Queensland (Ryan J) delivered judgment and ordered damages in favour of the plaintiff.
Damien Atkinson KC appeared for the appellant, John Palace, instructed by Hall Payne Lawyers. The full judgment can be found here. The case centres around whether leave should be granted under s 500(2) of the Corporations Act 2001 (Cth) to proceed against a company in liquidation in relation to a personal injury claim arising from a workplace incident on a solar farm project. On 25 June 2021, the Queensland Court of Appeal delivered judgment allowing the appeal and granting the appellant leave to proceed against the respondent.
Damien Atkinson KC appeared for the applicant (wife), instructed by Hopgood Ganim Lawyers, in Westwood & Westwood [2025] FedCFamC1F 94. The full judgment can be found here. The matter concerned the division of numerous properties, including a family farm which had been transferred to the husband prior to the marriage. On 28 February 2025, the Federal Circuit and Family Court of Australia delivered judgment ordering that the wife receive the property at which the husband had been residing, as well as partial property settlement, a motor vehicle, and cash, totalling 44.5% of the asset pool.
Damien Atkinson appeared for the respondent/defendant, instructed by King & Company Solicitors, in Brown v Logan City Council [2019] QSC 46. The full judgment is available here. The case centres around the interaction between s 24 of the Civil Liability Act 2003 (‘Civil Liability Act’) (Qld) and s 6 of the Criminal Code 1899 (Qld), including whether s 45 of the Civil Liability Act “covered the field” in circumstances where the plaintiff had been convicted of dangerously operating a motor vehicle. On 8 March 2019, the Supreme Court of Queensland delivered judgment in favour of the respondent, holding that s 6 remained available as a complete defence to the claim.
Damien Atkinson, led by John de Wijn QC and instructed by Kinneally Miley Law, appeared for the applicants in Lee Group Charters Pty Ltd v Commissioner of Taxation [2016] FCA 322. The full judgment can be found here. The matter centres around boating expense claims and whether the losses claimed by the applicants fell within the exception to the quarantining rule under s 26-47(3)(b) of the Income Tax Assessment Act 1997 (Cth). On 7 April 2016, the Federal Court of Australia delivered judgment finding that the boating expenses were incurred in the ordinary course of the charter business and therefore fell within the statutory exception in full.
Damien Atkinson KC appeared for the plaintiff and the defendants by counterclaim, instructed by Robinson Neilsen Legal, in Waller Projects Pty Ltd v F.W Estate Pty Ltd [2025] QSC 16. The full judgment can be found here. The matter centres around an alleged oral agreement between two family companies in relation to a joint property venture, including whether fiduciary duties arose between the parties. On 28 January 2025, the Supreme Court of Queensland delivered judgment holding that the alleged oral agreement had not been established and that it was therefore unnecessary to determine whether fiduciary duties were owed.
Damien Atkinson KC appeared for the co-respondents, instructed by Thynne + Macartney Lawyers, in Edie & Ors v Brisbane City Council & Anor [2023] QPEC 9. The full judgment can be found here. The matter centres around an appeal against the approval of a development application for a change of use permit, including whether the form and scale of the proposed development aligned with the planning intent for the site. The Queensland Planning and Environment Court delivered judgment in favour of the co-respondents, holding that the proposed development could be appropriately conditioned to achieve compliance.
Damien Atkinson KC appeared in the Supreme Court of Queensland, representing Mr Allen in Allen v Brother International (Aust) Pty Ltd; WorkCover Queensland v Allen [2025] QSC 129. The full judgment can be found here. The case centres around the operation of the Workers’ Compensation and Rehabilitation Act 2003 (Qld) and its interaction with contractual principles concerning offers and acceptance. The court held that no binding settlement had been reached because the statutory requirements for a final written offer had not been satisfied, while also providing guidance on when a binding settlement agreement may arise prior to the execution of a discharge or approval of the settlement under the Public Trustee Act 1978 (Qld).
The foundation of expertise that Damien brings to every mediation.
Enquiries are typically acknowledged within one business day by Rosa Sims, Practice Manager. Liability limited by a scheme approved under professional standards legislation.
Damien welcomes enquiries from solicitors and clients regarding mediation services. Rosa Sims, Practice Manager, will respond to your enquiry.
