David’s practice is focused on the efficient resolution of complex commercial disputes, particularly those concerning insolvency, contracts, equity, banking and finance, corporations, real property (including body corporate issues), intellectual property, professional negligence and regulatory matters.
He is regularly instructed to represent major corporate clients and insurers at trials and pre-trial hearings (both curial and arbitral), and in appeals and mediations. David has over 15 years of experience in commercial litigation.
David has a wealth of experience in the construction of significant contracts (both long term and short term), franchising disputes (acting for either the franchisor or franchisee) and claims against professionals for negligence or misleading or deceptive conduct.
David also regularly mediates commercial disputes.
Prior to coming to the Bar David worked at Mallesons Stephen Jaques (now King & Wood Mallesons). He also served as the Associate to the Honourable Justice JS Douglas of the Supreme Court of Queensland.
David has been retained in a wide range of matters, including the following of note:
- 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.
- Urgently applying for injunctive relief before an arbitrator in Singapore to prevent one party to a large construction contract calling on bank guarantees.
- 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.
- Advising a large construction company in relation to construction works for the expansion of a major airport in Western Australia.
Professional Negligence and Regulatory
- 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.
- 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.
- 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.
Doyle’s Guide to the Australian Legal Profession
2021 – Leading junior counsel for Insolvency & Restructuring (Queensland)
2021-22 – Preeminent junior counsel for Commercial Litigation & Dispute Resolution (Queensland)
2020 – Preeminent junior counsel for Commercial Litigation & Dispute Resolution (Australia)
2020 – Preeminent junior counsel for Commercial Litigation & Dispute Resolution (Queensland)
2019-20 – Leading junior counsel for Commercial Litigation & Dispute Resolution (Queensland)
2018 – Recommended junior counsel for Insolvency (Queensland)
2018 – Recommended junior counsel for Commercial Litigation & Dispute Resolution (Queensland)
2017 – Recommended junior counsel for Commercial Litigation & Dispute Resolution (Queensland)
2015 – Recommended junior counsel for Insolvency (Queensland)
Australian Financial Review’s Best Lawyers®
2022-23 – Listed for Commercial and Insolvency and Reorganization Law
2021 – Listed for Insolvency and Reorganization Law
2016-2020 Bar Council Member and Assistant Honorary Secretary, Bar Association of Queensland
Bar Association of Queensland
2009 Barrister (Brisbane)
2007 Solicitor, Mallesons Stephen Jaques (now King & Wood Mallesons) (Brisbane)
2006 Associate to Justice JS Douglas, Supreme Court of Queensland (Brisbane)
2005 LLB (Hons), B Int Bus (Griffith)