Admitted to practice 2004
Senior Counsel 2020

About

Stephen McDonald has particular expertise in constitutional and administrative law and statutory construction. Stephen accepts briefs in appeals in all areas of law, both civil and criminal. He has appeared as counsel presenting arguments in the High Court of Australia, the Supreme Court of South Australia, the Federal Court of Australia and other State and federal courts.

As junior counsel, he has appeared in several major cases in the High Court in the areas of constitutional law, administrative law and criminal law. Stephen also has an extensive advice practice.

Prior to commencing practice at the Bar, Stephen was a Senior Solicitor at the South Australian Crown Solicitor’s Office. He was previously the Research Assistant to the Solicitor-General for South Australia, Chris Kourakis SC (now Chief Justice of South Australia), and Associate to Justice Richard White of the Supreme Court of South Australia (now a Justice of the Federal Court).

Stephen is also an Adjunct Associate Professor at the University of Adelaide Law School. He is the co-author of a student text on Administrative Law, and has taught in Constitutional Law and Administrative Law.

Professional Memberships

  • South Australian Bar Association
  • Law Society of South Australia — Administrative Law Committee (2013-2016; Chair 2014-2016)
  • Australian Association of Constitutional Law — SA Chapter Convenor (2018-); National Council (2017-); Secretary (2019-2020); Vice-President (2020-)
  • International Association of Constitutional Law
  • Australian Institute of Administrative Law — SA Chapter Organising Committee (2012-)
  • International Law Association (Australian Branch)
  • University of Adelaide Law School Public Law and Policy Research Unit
  • Legal Practitioners Education and Admission Council (2017-)
  • South Australian Law Reform Institute Advisory Board (2018-)
  • Australian Bar Association Ethics Committee (2019-)
  • JusticeNet SA — Management Committee (2020-)

Practice Areas

Appellate
  • Civil and Commercial
  • Criminal Law
  • Public Law
Commercial
  • Appellate
  • Consumer Protection Law
  • Contractual Disputes
  • Corporations
  • Equity
  • Real Property
Common Law
  • Conflict of Laws / Choice of Law
  • Intentional Torts
  • Negligence
  • Workers Compensation (appellate only)
Criminal Law
  • Appellate
Employment and Industrial Law
  • Appellate
  • Discrimination
Equity
  • Appellate
  • Real Property
  • Trusts
Public Law
  • Appellate
  • Administrative Law and Judicial Review
  • Civil and Human Rights
  • Constitutional Law
  • Criminal Assets Confiscation
  • Customs
  • Discrimination
  • Extradition
  • Freedom of Information
  • Local Government
  • Migration Law
  • Native Title
  • Public International Law

Publications