David Markham

Special Counsel

Qualifications: LLB (Hons), BComm

Practices

David is a commercial litigator with a broad practice in commercial disputes and insolvency matters.

David advises and represents clients in a wide range of matters, including corporate and personal insolvency, contractual disputes, corporations matters, property disputesand disputes with regulators.

David regularly acts for liquidators and administrators in all aspects arising from their appointments, including voidable transactions and other recovery claims, public examinations, creditor claims, security and PPS registration disputes, directors’ duties issues and funding arrangements.

As a commercial litigator, he acts in contractual and regulatory disputes in the Supeme Court of Victoria, the Federal Court of Australia and the Administrative Appeals Tribunal.

Before joining private practice, David was Senior Associate to a Judge of the Commercial Court of the Supreme Court of Victoria.

Experience

  • Acting for the liquidators of the Pacific Services Group (in liq) in respect of numerous voidable transaction claim. The Pacific Services Group was one of Australia’s largest electrical contractors.
  • Acting for voluntary administrators in opposing winding up orders, achieving assets sales and deeds of company arrangement.
  • Drafting and advising with respect to various 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 the Federal Circuit Court in relation to property matters, including those arising pursuant to 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 registered training organisations in regulatory disputes with both State and Commonwealth regulators with respect.
  • Advising with respect to shareholder disputes.

Latest thinking

Thinking | 23 Feb 2016

Liquidators - green light to join insurers

In a decision which potentially increases the assets available to liquidator and bankruptcy trustee plaintiffs, the High Court in CGU Insurance v Blakeley1 has recently determined that plaintiffs may seek to join insurers to proceedings in circumstances where indemnity under the insurance contract is denied and the defendants to the primary claim are bankrupt or being wound up or likely to become so as a result of the claim.