David Dickens

Partner

Commercial Dispute Resolution

‘I love working closely with clients and guiding the legal strategy through what is often a pivotal point in the company or organisation’s existence. I love delving deep, to really learn and understand a client’s business and industry. This helps ensure I deliver targeted, practical advice for clients, but it also makes the work very interesting.’

Q&A

I work with:

financiers such as banks and other lenders, various Australian and international companies, major landlords and institutional tenants, and insolvency practitioners.
Major highlights:

acting for trustees in a Supreme Court of Victoria proceeding to recover assets worth in excess of $500 million. The case centred on breaches of directors’ duties and other fiduciary obligations. I enjoyed the challenge of managing a large team, while delving into the detail of complex factual and legal issues to deliver the best outcome for our clients.
Trends in my area:

it’s hard to answer this question right now without mentioning COVID-19! Our lives have all been impacted by COVID-19, and significant areas of the economy will see permanent change with second and third round effects, both positive and negative.Many companies are only surviving now because of the temporary COVID-19 government measures and legislation. When the temporary measures are lifted, we are predicting significant restructuring by businesses, which will also impact supply chains and customers.

Australia’s restructuring and insolvency laws will be tested and we will be able to utilise some of the recent reform like safe harbour and ipso facto to help save companies.
I predict the next big thing will be:

the Australian Government has been trying for several years to create more of a rescue culture for Australian businesses and to support restructuring where possible instead of liquidation.

COVID-19 is having a dramatic effect on many companies, either due to the direct financial impacts or the need to pivot to reflect changes in customer behaviour.

We are going to see a lot of restructuring and turnaround by companies. While this will be a difficult period, we will be helped by the government measures put in place and the corporate community’s recognition that these difficulties have arisen out of extenuating circumstances and we all need to work together.

I hope that we can hold onto these attitudes and a rescue-culture in the post-COVID era, whenever that is.
Outside work, you'll find me:

I have two young children, so family time is important to me and great fun. I also enjoy cycling.
If I wasn't a lawyer, I would be:

an engineer. Both law and engineering require planning, logic and attention to detail. I experience being an engineer vicariously through the Lego building of my three-year-old son.