David Taylor
Partner, Sydney
I am a commercial litigator, specialising in class actions, complex litigation including regulatory disputes and product liability matters. I have advised in some of Australia's most significant recent shareholder class actions across a number of industries.

I have a sophisticated understanding of class action strategy, and in particular, am considered pre-eminent in Australia in my experience regarding the quantum of damages in class actions.

I also undertake major commercial litigation, having acted for a number of the largest ASX-listed corporations in Australia, and advise financial institutions in respect of litigation, regulatory risk and investigations, private examinations by ASIC and public administrator examinations. I have extensive experience managing breach reporting to regulators and responses to regulatory requests.

My clients appreciate my deep understanding and ability to advise on product liability and crisis management matters and in providing recall advice for major Australian and international companies in the consumer/retail, manufacturing and medical/pharmaceutical sectors.

Career highlights

Class actions:

  • Act for Estia Health Limited in a funded class action brought by shareholders alleging breaches of the Corporations Act concerning Estia's funding and operating structures and market guidance.  
  • Act for Bellamy's in two shareholder class actions alleging contraventions of Australian continuous disclosure requirements concerning earnings guidance and financial results.
  • Act for Crown Resorts in a shareholder class action alleging contraventions of Australian continuous disclosure requirements concerning Chinese gambling regulations.

Prior to joining MinterEllison:

  • Acted for OZ Minerals in three shareholder class actions, the most recent arising out of the merger between Oxiana and Zinifex.
  • Acted for Lend Lease and Bilfinger in defending three proceedings brought in relation to AECOM’s traffic forecasts in the RiverCity project, including a major shareholder class action.
  • Acted for Centro in several funded shareholder class actions alleging contraventions of Australian securities laws, regarded as one of the most complex set of class actions in Australian history.
  • Acted for Multiplex and Telstra in a shareholder class action alleging contraventions of Australian continuous disclosure requirements.

Regulatory disputes and risk advisory:

  • Advised confidential financial institutions in relation to the issue of 'Fees for No Service' and breach reporting to ASIC regarding responsible lending compliance requirements.
  • Advise confidential financial institutions regarding responding to ASIC notices, including notices issued pursuant to section 912C of the Corporations Act and section 30 of the ASIC Act.
  • Represent numerous senior individuals at confidential financial institutions in ASIC examinations conducted under section 19 ASIC Act.

Product liability:

  • Provided advice concerning threatened contamination claims including potential class action risk.
  • Provided advice for a national charity concerning personal injury exposure on product, including advising on media statements, first response protocols, and managing consumer complaints.
  • Provided recent advice on product liability, regulatory and recall matters for a number of major Australian and international companies.
  • Prior to joining MinterEllison, acted for DePuy and Johnson & Johnson in Australia’s largest products liability class action in respect of hip replacement prostheses.

Major disputes:

  • Successfully represented MLC Nominees and NULIS in an appeal in the Federal Court of Australia regarding a Tribunal determination concerning superannuation contribution fees.
  • Successfully achieved declaration regarding client voting rights in contested Federal Court hearing concerning 'associate' relationships under the Corporations Act for 360 Capital FM Limited.

Prior to joining MinterEllison:

  • Acted for Macquarie Bank in litigation arising from the BrisConnections project, including proceedings in the Federal Court and the summary dismissal of a A$1.3 billion class action claim in 2009.
  • Acted for Babcock & Brown International Pty Limited and various US-based subsidiaries in claims totalling over US$50m brought by Delaware and Cayman Islands-based plaintiffs in respect of two US-based transactions.
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https://www.minterellison.com/people/david-taylor