Current practice
David is a partner in the Perth office of Freehills and practises in the banking, insolvency and property sections of the commercial litigation practice.
He has particular expertise in the area of insolvency law, which involves advising insolvency practitioners, banks and other secured lenders in relation to their rights and obligations. David also practises in the more general area of commercial litigation dealing with contractual disputes, actions under the Trade Practices Act for negligent misstatements, breaches of directors' duties and other actions and questions arising out of breaches of the Corporations Law, security and financing law as well as restitution.
Experience
David's experience has provided him with an opportunity to act in relation to a variety of banking-related work, including priority disputes, advice and conducting actions in relation to the enforcement of charges and mortgages, advice as to the consequences of various insolvency regimes faced by companies and advising and acting for banks in relation to the appointment of receivers and the issues arising for the bank and receiver in the course of the conduct of that receivership.
David provides a very quick turnaround of advice. Usually he is able to take instructions, consider and provide commercially sound advice to the client the next day wherever possible. In addition he makes himself available for his clients, either by telephone or for meetings, to assist them formally or informally with any issues arising out of existing or potential matters. This means he gives his clients on-the-spot advice.
Relevant matters David has undertaken or been involved in include:
- acting for a secured creditor in relation to a debt of approximately $15 million due from Consolidated Gold NL in circumstances where Consolidated Gold NL had been placed into administration (1998–99)
- acting for a secured creditor for the purposes of appointing a receiver and manager to a substantial Western Australian gold mining company and then advising the secured lender and receiver in relation to the numerous issues which arise in such a receivership, particularly the sale process and the interaction of the receivership with the coexistent administration and then liquidation of the company (1998–99)
- numerous administrations where the Deed of Company Arrangement and/or the administration were put in place to bring the affairs of the company to an end in an orderly and satisfactory fashion, but not to achieve the survival of the company (1994–99)
- involvement as counsel in leading the Western Australian decision in relation to the interaction of the Australian insolvency regime with the Australian taxation regime, so far as it relates to the liability of insolvent companies (and their directors) for failure to remit tax (see Gould v Federal Commissioner of Taxation (1998) 40 ATR 245), and
- conducting workshops for the Advanced Insolvency Course for the Insolvency Practitioners Association of Australia.
Professional background
After successfully completing his first year at the University of Western Australia in the Science Faculty, David graduated from the University of Western Australia with the degrees of Bachelor of Jurisprudence (Honours) in 1988 and a Bachelor of Laws in 1989.
He has also completed a Masters of Law degree from the University of London, England in 1992. David was awarded the RM Goode Award for the best student in the LLM course attending Queen Mary and Westfield College. Among the units completed by David at the University of London was credit, security and corporate insolvency.
David was admitted to practice in the Supreme Court of Western Australia in 1990 and the High and Federal Courts of Australia in 1991. David became a partner in 1997.