Daye Gang

Daye Gang

  • Admitted: 2017
  • Bar: 2019

Location

Level 2, 550 Lonsdale Street
Melbourne, VIC 3000

Biography

Daye is regularly briefed to appear in a wide range of courts, unled or with a leader. She also has a strong academic and advice background, and is currently completing her PhD at Monash University. She welcomes both briefs to advise and to appear. Her achievements in legal practice and human rights advocacy have been recognised by awards from the International Bar Association, Lawyers’ Weekly 30 Under 30, and the Avant-Garde Victorian Bar Readers’ Grant – see further details below.

Daye practices in the following areas:

  • public and administrative law, particularly migration, child protection, and human rights matters;
  • quasi-criminal and regulatory matters, including transport matters;
  • criminal law, with particular experience in victims’ compensation and summary crime;
  • commercial law, including insolvency, debt and property matters.

In addition to her experience in the above areas, Daye has specific expertise in crimes and human rights violations under international law.

Daye read with Rohan Lawrence and her senior mentor is Claire Harris QC.

Academic research

Daye is currently writing a PhD thesis on the topic of restorative justice for victims of sexual and family violence.  Her research focuses on restorative justice programs and the experience of anti-rape advocates active during the Women’s Liberation Movement in Victoria in the 1970s and 1980s.

Human rights advocacy

Daye has an international practice in North Korean human rights and law. She has been involved with the Citizens’ Alliance for North Korean Human Rights since 2016, where she has contributed to human rights submissions, reports, and associated advocacy.

Her work continues the work of the Commission of Inquiry on Human Rights in the Democratic People’s Republic of Korea in pursuing accountability for the gravest human rights violations and international crimes.

Daye has appeared before the US Senate and EU Committees, and international organisations such as the UN on the effectiveness of sanctions and accountability for international crimes.

She founded a world-first resource by translating North Korea’s publicly available legislation into English and publishing a North Korean-English glossary – available at www.lawandnorthkorea.com.

Specialisation

Criminal Law

Memberships

  • Victorian Practising Counsel
  • BA/LLB (First Class Honours), GDLP, PhD (in progress)

Awards

  • International Bar Association – Outstanding Young Lawyer Award (2020)
    A global award made out to one lawyer per year. Daye was the first Australian lawyer and the first Korean to win the award
  • Lawyers’ Weekly 30 Under 30 Awards – Barrister Category (2020)
  • Avant-Garde Victorian Bar Readers’ Grant (2019)
  • Speaker, Law Council of Australia International Law and Practice Course (2021)
  • Speaker, UN NGO Commission on the Status of Women Forum (2021)

Recent Cases

Administrative and public law

  • CGX20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCAFC 69
    Appearing unled before the Full Federal Court on a point of statutory interpretation
  • DJY16 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 804
    Appearing for the appellant in an appeal of a judicial review, led by Catherine Symons
  • CRBC and Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (Migration) [2021] AATA 863
    Successfully appearing pro bono for a refugee applicant whose visa was returned to him after a character cancellation
  • DAE18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 79
    Appearing unled in the Federal Court on an appeal against a summary dismissal
  • KYMM and Minister for Home Affairs (Migration) [2019] AATA 5174
    Appearing pro bono in the Administrative Appeals Tribunal for a character cancellation merits review
  • FLKT and Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (Migration) [2020] AATA 3306
    Appearing pro bono in the Administrative Appeals Tribunal for a character cancellation merits review

Quasi-criminal law

  • Booth v Kadir Kaya (No 2) [2020] FCA 1330
    Appearing for the defendant to vary his control order, led by David Hallowes QC

Criminal law

  • OPP v Toms [2019] VCC 2091
    Appearing for the OPP for a CCO contravention
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