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About David

David is a senior associate in the firm's litigation & dispute resolution practice in Sydney.

He has experience in a range of insolvency and general commercial matters in the Supreme Court of New South Wales and the Federal Court of Australia and acts for individuals and Australian and foreign companies.

Prior to joining the firm in 2016, David was the equity researcher to the Honourable P A Bergin SC, the former Chief Judge in Equity of the Supreme Court of New South Wales. David was appointed as a senior associate effective July 2019.

David holds a Bachelor of Economics and a Bachelor of Laws from the University of Sydney, graduating with the University Medal in Economics. He is admitted to practise as a solicitor of the Supreme Court of NSW and the High Court of Australia.

Practice focus

David’s practice focuses on the following areas:
  • commercial litigation and dispute resolution
  • insolvency and restructuring litigation and advice, and
  • insurance advice. 

Experience

David has acted in a range of matters, including for:

Dispute resolution & litigation

  • David Marr, Australian journalist and author: in obtaining judgment in the Supreme Court of New South Wales in a dispute concerning Mr Marr’s role and responsibilities as literary executor under the will of late Australian playwright, Nick Enright
  • former executive directors of Great Southern Limited: in proceedings commenced in the original jurisdiction of the High Court and an appeal from the approval of a class action settlement in the Supreme Court of Victoria
  • former US directors of Babcock & Brown companies: in litigation relating to complex financial transactions
  • an individual: in criminal cartel proceedings brought by the Australian Competition and Consumer Commission under the Competition and Consumer Act 2010 (Cth), and
  • international banks: in proceedings commenced in the Federal Court of Australia.

Restructuring & insolvency

  • a representative defendant in the liquidation of stockbroking firm BBY Limited: in an application by the liquidators for directions relating to the distribution of client moneys
  • the administrators of the Oroton Group: in proceedings for orders under section 444GA of the Corporations Act 2001 (Cth) for leave to transfer shares pursuant to a deed of company arrangement
  • two hedge funds that held a significant portion of the secured and unsecured notes issued by Boart Longyear in respect of the Boart Longyear schemes of arrangement
  • individuals in public examinations conducted under Part 5.9 of the Corporations Act 2001 (Cth), and
  • priority creditors of insolvent companies seeking to recover amounts from receivers and liquidators.

Pro bono

  • Children's Cancer Institute Australia: in relation to bequests, will disputes and family provision matters, and
  • The United Israel Appeal of NSW: in relation to a bequest matter.

Recognition & publications

Take a look at Insights & News articles referencing David Monteith