Profile

David has been retained in a wide range of matters, including the following of note:

Contracts

• Representing a cement supplier in a dispute with its principal customer concerning the proper construction of a long-term supply agreement.
• Acting for a large property developer defending a claim of a collateral contract stemming from precontractual negotiations.
• Representing an electricity retailer in a complex contractual dispute with the owners of the power station.
• A dispute over substantial royalties payable for the mining of iron ore in Western Australia.
• A dispute between a franchisor and a franchisee in a large international franchise about supply chain logistics.
• Acting for franchisors or franchisees in numerous disputes arising out of the franchise relationship.
• Representing a large international sugar miller in wide ranging and protracted disputes with its suppliers and its international marketing agency concerning futures trading losses in excess of AUD 100m.
• A dispute about the proper construction, and performance of, several separate contracts concerning the development of wireless technology for use in equity markets (appeal).
• A dispute about the proper construction, and performance of, a contract concerning a large fashion business conducted in China (appeal).
• Acting for Racing Queensland in a dispute about the proper construction of a settlement deed.
• A dispute enforcing exclusive advertising rights involving the City of Brisbane.

Professional Negligence and Regulatory

• Acting for an engineer in relation to a fire at a resort-style residential complex in the Brisbane CBD which caused extensive damage.
• A dispute involving a fire at a large mine in Central Queensland.
• Acting for the Queensland Law Society.
• A dispute about advice given to use certain chemicals to treat pest infestation on crops.
• Acting for the Tax Agents Board in an action for the imposition of injunctions and penalties on an unregistered tax agent.
• Representing an accountant sued in respect of investment advice.
• Acting for a client to recover shares and dividends misappropriated by a stockbroker.
• Acting for ASIC in several disciplinary matters.
• Representing bank officers and lawyers against whom private criminal prosecutions were brought by borrowers.

Construction

• Urgently applying for injunctive relief before an arbitrator in Singapore to prevent one party to a large construction contract calling on bank guarantees.
• A large and complex dispute about many aspects of the construction of the Gold Coast Light Rail.
• Representing the supplier of electrical equipment in relation to a fire at a cement plant in Gladstone (arbitration).
• A large dispute about the engineering of a landfill in Petrie.
• Advising a large construction company in relation to construction works for the expansion of a major airport in Western Australia.

Property

• Acting for a shopping centre owner in relation to a claim for compensation by a tenant for disruption during a substantial renovation (appeal and special leave).
• Representing the developer of a major site in the Brisbane suburb of Teneriffe in proceedings commenced by a resident for breach of contract and misleading or deceptive conduct based on the expansion of the development.
• Actions by a developer of a residential tower to enforce contracts against purchasers who failed to settle.
• A dispute about the obligation to pay rent under the Retail Shop Leases and Other Commercial Leases (COVID-19 Emergency Response) Regulation 2020 (Q.).
• A dispute about a development at Carseldine, Queensland, involving the quality of the works and the proper construction of the development agreement.
• Acting for several body corporates in various disputes.

Corporate & Insolvency

• Advising in relation to a shareholder dispute involving a listing on the NYSE.
• Proceedings to recover an uncommercial transaction in excess of AUD 210m.
• Proceedings to recover unfair preferences and director related transactions in the order of AUD 20m.
• Acting for the corporate regulator in proceedings to disqualify persons from managing corporations.
• Acting for the corporate regulator in proceedings concerning the collapse of large financial advisory firms.
• Seeking judicial directions and relief from personal liability for administrators appointed to a large group of pharmacies.
• Representing a bank seeking to recover loans made to investors in a large managed investments scheme which failed.
• Various disputes about the application of the PPSA.
• Representing several banks in numerous disputes with borrowers.
• Representing examinees at public examinations in complex liquidations.

Judicial Review & Administrative

• Appearing in the High Court of Australia for the Attorney-General for Queensland in a matter concerning s 118 of the Australian Constitution.
• A judicial review of a decision to grant approval to supply pharmaceutical benefits at premises in Tasmania (trial and appeal).
• Acting for the Electoral Commission of Queensland in a matter concerning the proper interpretation of the Electoral Act 1992 (Q.).
• Special leave application in respect of a decision not to extend time for the review of a decision under the Judicial Review Act 1991 (Q.).
• Advising in relation to decisions made by the Federal Minister for the Environment.
• Acting in a judicial review of a decision to call in a development application in relation to a significant recycling facility.