David is an adviser and litigator with a broad practice in commercial disputes and insolvency matters.
David is a trusted adviser to banks and other lenders on all aspects of security enforcement. His insolvency expertise covers restructuring, workouts, creditor claims, directors’ duties, voluntary administration, deeds of company arrangement, receivership, liquidation and bankruptcy.
David is an experienced adviser on property matters, acting for national landlords, significant tenants, investors, developers and government departments in real estate disputes.
As a general commercial litigator, he regularly acts for clients in disputes involving complex contractual issues, misleading and deceptive conduct, oppression, and regulatory obligations. He has appeared in the Supreme Court of Victoria, the Federal Court and VCAT and represents clients in mediations and arbitrations.
David also advises trustees on the exercise of their powers and beneficiaries on their rights. David is a trusted adviser to family offices on sensitive matters.
David is a regular presenter on topics relating to restructuring, insolvency, trusts and real estate.
Experience
- Advised Deluxe Small Business Sales, Inc., a wholly owned subsidiary of NYSE-listed Deluxe Corporation, on the sale of all its shares in Hostopia Australia Holding Co Pty Ltd to Newfold Digital, Inc.
- Advising banks and other lenders on all aspects of security enforcement including workouts, asset sales, mortgagee in possession, receiverships and guarantees.
- Acting for trustees in a Supreme Court of Victoria proceeding to recover assets worth in excess of $500 million arising out of breaches of directors’ duties and involving numerous complex factual and legal issues.
- Acting for the Tieman family in the successful restructuring of Tieman Tanker using the voluntary administration process. Tieman Tanker was a 62-year-old manufacturing business, and the restructure saved about 90 jobs in Victoria.
- Advising insolvency practitioners and other parties on voidable transaction claims including preference payments, uncommercial transactions, ‘green’ security and failures to perfect security under the PPSA.
- Advising boards of ASX listed entities and other high profile confidential clients on directors’ duties, insolvent trading, safe harbour and insolvency.
- Advising shareholders, directors and companies on shareholder and oppression claims.
- Advising government departments on property, counterparty insolvency, governance and contractual matters.
- Advising real estate clients on all aspects of property disputes including:
- lease defaults, terminations and disputes;
- mediations before the Small Business Commissioner and VCAT claims;
- misleading and deceptive conduct claims;
- disputes arising out of the sale of property; and
- caveats and co-ownership disputes.
- Advising trustees and beneficiaries on the proper exercise by a trustee of its powers, including in relation to very high quantum distributions and the disclosure of trust documents.
The Legal 500 Asia Pacific
2025 | Restructuring and insolvency
2022 & 2024 | Key lawyer | Dispute resolution: litigation
Doyle's Guide to the Australian Legal Profession
Insolvency & Restructuring Lawyers (Victoria) – 2021
- Member, Law Council of Australia's Insolvency and Restructuring Committee
- Member, Turnaround Management Association Australia
- Member, Banking and Financial Services Law Association