David Markham is a commercial litigator who practises in insolvency and commercial disputes.
David has expertise in a wide range of areas, including corporate and personal insolvency and contract, property, trust and shareholder disputes.
David acts for liquidators and administrators in all aspects arising from their appointments. In liquidations, he advises in relation to voidable transactions and other recovery claims, public examinations, creditor claims, PPS disputes, and security and funding arrangements. In administrations, he also advises on the matters that arise in a trade-on appointment as well as deeds of company arrangement.
David also acts for companies and directors under financial pressure, including advice regarding safe harbour, directors’ duties, obligations following formal appointments, examinations and restructuring.
David acts in debt recovery matters for government and corporate clients and assists our dedicated debt recovery team, Smarter Recovery Solutions.
His clients include leading insolvency practitioners, government and national and international corporates, including suppliers of critical infrastructure and construction materials.
Before joining private practice, David was Senior Associate to a Judge of the Commercial Court of the Supreme Court of Victoria.
- Acting for the voluntary administrators and deed administrators of the Godfreys Group, including Court applications for orders extending the convening period, relief from personal liability for debts, and creating a warranty fund for consumers.
- Acting for voluntary administrators of logistics, construction and other companies, including responding to proposals for and drafting deeds of company arrangement.
- Acting in shareholder oppression claims in Federal Court trials (one in relation to a residential property development and another in relation to a specialist medical practice).
- Acting for the liquidators of the Pacific Services Group (in liq) in respect of numerous voidable transaction claims. The Pacific Services Group was one of Australia’s largest electrical contractors.
- Drafting and advising with respect to various litigation funding arrangements.
- Acting in numerous examinations brought under sections 596A and 596B of the Corporations Act 2001 (Cth), for both liquidators and examinees.
- Acting for bankruptcy trustees in clawback and property matters, including those involving consideration of the Family Law Act 1975 (Cth).
- Advising with respect to retention of title and PPS registration claims.
- Acting for the plaintiff in a $10 million warranty claim with respect to a private jet aircraft.
- Acting for the applicant in a trust rectification matter that resulted in the rectification of the trust deed with significant taxation and regulatory benefits.
- Acting for registered training organisations in regulatory disputes with both State and Commonwealth regulators.