David 2
ADMITTED TO THE LEGAL PROFESSION
29 Apr 1991
SIGNED VICTORIAN
BAR
ROLL
23 May 1996
ACCREDITED AS MEDIATOR
03 Feb 2005
QUALIFICATIONS
B.Com. (Hons), LLM.
Legalbrief sm
Name 1a

Subhead 1a

I am a commercial barrister with a particular interest in equity, insolvency and intra-family disputes. I appear in all intermediate and superior courts in the Eastern States from Cairns to Hobart. 

In the equity area I have appeared in several disputes between elderly parents and adult children over ownership of the family business, farm and/or home (i.e. proprietary estoppel, e.g. Tadgell v Hahn [2016] FCCA 328). These cases typically include partnership disputes, claims of oppression by minority shareholders and breach of duties by trustees.

I have also acted in numerous cases for wives whose husbands have become bankrupt. These cases involve guarantees, joint debts, the equity of exoneration, subrogation, marshalling in equity, equities of redemption and relief from forfeiture. I have appeared in many interlocutory applications seeking or resisting equitable injunctions (including agrigultural schemes), the appointment of receivers and freezing orders.

I have appeared for or against many liquidators and trustees in bankruptcy. This includes the conduct of trials in the Supreme Court and long and complex examinations of company directors under the Corporations Act on behalf of liquidators. I have recently acted in highly complex litigation as a contradictor representing a pool of investors resisting orders sought by a liquidator to pool their assets (See here).

I have a background in financial accounting which enables me to readily scrutinise financial records as required, for example, cross-examination of directors on company accounts and taxation returns. I also have a background in information technology and a large part of my career has been acting for small firms grappling with unusually large cases. I have been able to assist these firms to implement systems to manage large volumes of documents and information. These systems have reduced costs and conferred significant forensic advantages.

I have also acted in numerous taxation cases including income tax, director penalty notices, capital gains tax, stamp duty, pay-roll tax and superannuation.

Expert evidence is also an area where I have particular experience. I have worked with dozens of expert accountants, scientists and engineers. This has involved the reading of peer reviewed scientific papers for the purpose of settling instructions to experts and conducting their cross-examination.

I have also appeared in numerous appeals: Court of Appeal (Supreme Court of Victoria), Full Court of the Federal Court and the High Court of Australia.