David leads Hall & Wilcox’s Turnaround & Corporate Renewal team. His expertise covers workouts, creditor claims, directors’ duties, voluntary administration, deeds of company arrangement, receivership, liquidation, distressed debt trading and acquisitions, and bankruptcy.
David is a trusted adviser to banks and other lenders on all aspects of security enforcement.
David also advises on property matters, acting for national landlords, significant tenants, investors and developers in real estate disputes.
As a commercial litigator, he regularly acts for clients in disputes involving complex contractual issues, trusts, misleading and deceptive conduct 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 is a regular presenter on topics relating to restructuring, insolvency and real estate.
- 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.
- Advising banks and other lenders on all aspects of security enforcement including workouts, asset sales, receivers and managers and investigative accountants.
- 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 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.
- Member, Turnaround Management Association Australia
- Member, Banking and Financial Services Law Association
Litigation & Dispute Resolution | 7 Apr 2021
If a sub-lease is a retail premises lease, does that mean the head-lease is also a retail premises lease? We consider this question in light of a recent case heard by the Victorian Civil and Administrative Tribunal.