David Suttner
Partner, Perth
I practice in commercial litigation and corporate advisory, particularly insolvency, restructuring, shareholder actions, director duties and other Corporations Act related disputes. My clients include listed corporations, their directors and executives, financial institutions, high income and professional individuals, national and international corporate and financial advisory firms and Australian Regulators.

I am a litigation and investigations specialist, particularly in the context of financial distress and insolvency. I have managed investigations into the affairs of insolvent and externally administered corporations and advised administrators, receivers and liquidators of corporations predominantly in the infrastructure and mining and mining services sectors.

I have extensive experience in Corporations Act-related litigation, particularly in disputes relating to director duties and shareholder rights.
In the area of corporate advisory, my experience includes commercial and contract advice and drafting, preparing best practice corporate governance guides and preparing and presenting on board and committee structuring and director responsibilities.

Prior to moving to Western Australia in 2015, I practised as a barrister at the Johannesburg Bar in South Africa. My commercial litigation practice focussed on insolvency law, business rescue, contract law and corporate governance.

Career highlights

  • Acted for the former directors of Termite Resources Pty Ltd in examinations and large-scale proceedings relating to director duties in the Federal Court's South Australia registry.
  • Acted for P & N Bank in the liquidation of an entity within a major Australian infrastructure Group.
  • Acted for Marine Services Western Australia in an oppression claim in the Federal Court.
  • Acted for a major shareholder in a medical practice in proceedings in the Supreme Court of Western Australia against former directors for breaches of their director duties.
  • Acting for a mining services provider in proceedings in the Supreme Court of Western Australia alleging breach of the corporate opportunities rule by former directors.
  • Acted for the administrators of the Carna Group Pty Ltd, in examinations into the affairs of the insolvent corporation and claims brought against contractual counterparties arising out of the performance of a mining services contract.
  • Acting and advising the liquidator of an entity within a major Australian infrastructure group in relation to ongoing matters in the administration of companies in the group.
  • Acting for the liquidators of a group of companies in respect of a proposed Deed of Company Arrangement and negotiation in respect of high value exporting assets at an Australian port.