David is a leading insolvency lawyer specialising in workouts, recovery and reconstructions.
David has practised in the insolvency space almost exclusively for over 30 years.
David was a member of the legal committee of the Corporate and Markets Advisory Committee (until disbanded in 2014), a member of the consultative group advising the Attorney General on Personal Property Security Reforms (and prior to that the Insolvency Law Advisory Group established by the Commonwealth Treasury Department addressing the significant reforms of 2007), and past National and State Chair of the Insolvency & Reconstruction Committee (of the Law Council of Australia).
His expertise covers all elements of insolvency and reconstruction related work, including:
- representing all types of insolvency appointees.
- representing borrowers in all forms of commercial restructuring and financial workouts whether through voluntary administration (or other insolvency appointments), Part 5.1 Schemes, Members Voluntary Liquidation or informal arrangements.
- representing financial institutions in contentious (or potentially contentious) matters against other financial institutions.
- extensive dispute resolution experience in the insolvency industry.
- closely working with insolvency practitioners, commercial advisors, private equity and funders to complete viable and sustainable restructures or maximise opportunities for recoveries (as the case may be).
Work highlights
Centro Group
Representing two of the principal ASX listed funds within the Centro Group in relation to the proposed triple staple aggregation, and restructure of internal and external debt of approximately $5 billion.
Lehman Brothers insolvency
Representing Australian investors in structured products issued by the Lehman Brothers Group in the Australian liquidation and a number of global actions including proceedings in the UK and US for the recovery of over $250 million of investment funds.
Numerous engagements
Numerous engagements including: Autodom Group AWA Ltd Borders/Angus & Robertson Harris Scarfe Ltd Rivercity/Clem 7 Tunnel One.Tel (Special Purpose Liquidator).
Ararat Prison PP
Represented parties to the Ararat Prison PPP.
Restructuring of managed investment schemes
Restructuring of managed investment schemes, as well as representing both bidders and insolvency appointees in connection with the sale of MIS assets and pursuing disputed claims. Scheme related engagements have included: Forrest Enterprise Australia Ltd and FEA Plantations Ltd Gunns Ltd Great Southern Ltd MFS Willmott Forests Ltd.
Extensive litigation funding experience
Litigation funding acting for litigation funders and recipients of litigation funding. That experience extends to all aspects of the structuring, negotiating, undertaking due diligence and documenting litigation funding arrangements on behalf of the funder and prosecuting litigation claims on behalf of the recipients of funding (in both an insolvent and solvent context).