David is a commercial litigator with extensive insolvency and reconstruction experience, and expertise in property disputes.
David’s corporate insolvency and reconstruction practice spans turnaround / workouts, creditor claims, cross-border insolvency, directors’ duties, distressed debt trading and acquisitions, liquidation, receivership, bankruptcy and voluntary administration.
As a litigator, he regularly acts in complex contractual disputes, trust disputes and regulatory investigations. David has conducted many matters in the Federal Court of Australia, Supreme Court of Victoria, and VCAT.
David has particular experience with clients in the financial services, property, logistics, maritime, telecommunications and manufacturing industries.
Insolvency and reconstructions
- Restructuring: Acting for the Bevilles family in the successful restructuring of Bevilles Jewellers by deed of company arrangement. Acting for the Tieman family in the successful restructuring of Tieman Tankers.
- Banking litigation: Acting for leading financial institutions in security enforcement. Issues have included Garcia claims, fraud allegations and Code of Banking Practice breaches.
- Asset realisation: Acting for the receivers of Great Southern, Clive Peeters, Pets Paradise and DFO Spencer St.
- Voidable transaction advice and litigation: Preference payments, uncommercial transactions, ‘green’ security and failures to perfect security.
- Insolvency advice: Advising the board of ASX listed entities and other high profile confidential clients.
- Advising administrators and liquidators: Hastie Group, Westpoint, and Kembla.
- Bankruptcy: Acting for the trustee in bankruptcy of one of the largest ongoing bankruptcies in Australia, involving complex trusts, related parties and Family Court issues.
- Acting for clients such as Brookfield, Dexus, Subway, Places Victoria, QIC, Retpro and Colonial First State in property and leasing disputes, such as:
- mediations before the Small Business Commissioner and VCAT claims
- lease defaults, terminations and disputes concerning make good obligations
- misleading and deceptive conduct claims
- disputes arising out of the sale of property and
- caveats and co-ownership disputes.