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David O'Brien |
| Partner |
| BEc (Hons), LLB (Hons), LLM |
| Brisbane |
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Biography
David heads our Corporate and Financial Litigation and Insolvency practice in Queensland. He represents banks, financial institutions and other corporations in a broad range of commercial and finance-related litigation including trade practices, negligence, contract, trust, fiduciary, restitutionary and security enforcement claims.
He has in excess of 25 years' experience in schemes of arrangement, voluntary administrations, liquidations, receiverships and bankruptcy. He is consistently recognised in independent legal surveys and guides such as Chambers Global (2010) and Asia Pacific Legal 500 Guide (2009) which described him as 'excellent'.
David is the author of a reference book now in its second edition titled, Special Leave to Appeal - the law and practice of applications for special leave to appeal to the High Court of Australia and numerous articles including Putative Mortgagee Subrogates to Purchaser's Lien (2005) 79 ALJ 618 and Changing Position Conscientiously (2003) 77 ALJ 530.
He has been involved in more than 100 reported cases including:
Re Golden Circle Limited [2008] QSC 341
Lionsgate Australia Pty Ltd v Magna Pacific (Holdings) Ltd [2007] QCS 289
Bundaberg Sugar Ltd v Isis Central Sugar Mill Co Ltd [2006] 62 ACSR 502
The Commonwealth of Australia v South East Queensland Aboriginal Corporation for Legal Services & Ors (2006) Qd. R 12
Port of Brisbane Corporation v ANZ Securities Limited (No.2) [2003] 2 Qd. R. 661
Eastern Nitrogen Ltd v Federal Commissioner of Taxation (2001) 108 FCR 27
FAI General Insurance Co Ltd v Interchase Corporation Limited (In Liquidation) [2000] 2 Qd. R. 301
Commissioner of Stamp Duties (Q) v Bank of Queensland Limited [1997] 2 Qd. R. 129
Hagan v Bank of Melbourne Limited [1994] 2 Qd. R. 507
Re Southern Cross Airlines Holdings Ltd (1993) 10 ACSR 466
Douglas Morris Investments Pty Ltd v Australia and New Zealand Banking Group Limited [1992] 1 Qd. R. 478
Thiess Watkins White Limited v Equiticorp Australia Limited (In Liquidation) [1991] 1 Qd. R. 82
B. & W. Cabs Limited (Receiver & Manager Appointed) v Brisbane Cabs Pty Ltd & Anor (1991) 30 FCR 177
Australian Commercial Research and Development Limited v ANZ Merchant Bank Limited (1989) 3 ALL ER 65
Whitehouse v Carlton Hotel Pty Ltd (1986) 162 CLR 285
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