The Commissioner of Taxation of the Commonwealth of Australia v Thomas [2018] HCA 31 August 2018, Judicial Review & Administrative, Tax
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1 DAVID CHESTERMAN YEAR OF CALL: 2009 David s practice is focused on the resolution of complex commercial disputes. He provides advice, appears at trials and pre-trial hearings (both curial and arbitral), and in appeals and mediations. Within his broad commercial practice, David has a particular focus on the areas of insolvency, contracts, equity, banking and finance, corporations, real property (including body corporate issues), intellectual property and professional negligence. Prior to coming to the Bar he worked at Mallesons Stephen Jaques (now King & Wood Mallesons). He also served as the Associate to the Honourable Justice JS Douglas of the Supreme Court of Queensland. He holds the degrees of Bachelor of Laws (Hons) and Bachelor of International Business (with a focus on international finance and economics) from Griffith University. David was called to the Bar in 2009, and is admitted to the Supreme Court of Queensland and the High Court of Australia. LEVEL 27, 239 GEORGE ST BRISBANE QLD, 4000 level27chambers.com.au T M dchesterman@qldbar.asn.au AREAS OF PRACTICE Arbitration, Banking, Commercial Equity, Competition & Consumer, Contract, Corporate Insolvency & Bankruptcy, Corporations, Insurance, Intellectual Property, Land Law & Property, Resources & Energy. CASES The Commissioner of Taxation of the Commonwealth of Australia v Thomas [2018] HCA 31 August 2018, Judicial Review & Administrative, Tax Slopen Main Pty Ltd (Trustee) v Hope [2017] FCAFC 203 December 2017, Judicial Review & Administrative Montserrat Holdings Pty Ltd v Wheeler[2017] QCA 235 October 2017, Land Law & Property Papale v Wilmar Sugar Australia Ltd [2017] QSC 72 May 2017, Contract Guirguis Pty Ltd v Michel's Pattiserie System Pty Ltd Ltd [2017] QCA 83
2 May 2017, Contract, Competition & Consumer Guirguis Pty Ltd & Ors v Michel s Patisserie System Pty Ltd & Ors [2016] QDC 117 May 2016, Competition & Consumer Thorne Developments Pty Ltd v Thorne and Anor[2016] QSC 63 March 2016, Appellate, Corporations Mineralogy Pty Ltd v Sino Iron Pty Ltd (No 6)[2015] WASC 80 March 2015, Contract Fletcher v Fortress Credit Corp (Aust) II Pty Ltd [2014] QSC 303 December 2014, Corporations LQ Management Pty Ltd and Ors v Laguna Quays Resort Principal Body Corporate[2014] QCA 122 May 2014, Appellate, Land Law & Property Westpac Banking Corp v Body Corporate for the Wave Community Title Scheme [2014] QCA 73 April 2014, Appellate, Land Law & Property Maley v Australian Securities and Investments Commission[2013] AATA 924 December 2013, Corporations Laguna Quays Resort Principal Body Corporate v Laguna Quays Resort Primary Thoroughfare Body Corporate [2013] QSC 303 November 2013, Land Law & Property Re Health World Ltd and Minister for Health and Ageing[2013] AATA 388 June 2013, Judicial Review & Administrative Camm v Linke Nominees Pty Ltd (No 4)[2013] FCA 223 March 2013, Appellate, Corporate Insolvency & Bankruptcy Fletcher and Ors v Fortress Credit Corporation (Australia) II Pty Ltd and Ors[2012] QSC 359 November 2012, Corporate Insolvency & Bankruptcy Pinehurst Nominees Pty Ltd v Coeur De Lion Investments Pty Ltd[2012] QSC 314 October 2012, Land Law & Property Downer EDI Mining Pty Ltd v Wambo Coal Pty Ltd [2012] QSC 290 September 2012, Contract Australian Securities and Investments Commission v Storm Financial Ltd (ACN ) (recs and mgrs apptd) (in liq) and Others (No 5)[2012] 91 ACSR 122 September 2012, Appellate, Corporations Australian Securities and Investments Commission v Storm Financial Ltd (ACN ) (recs and mgrs apptd) (in liq) and Others (No 5)[2012] FCA 954
3 September 2012, Corporations Edgetec International Pty Ltd (ACN ) v Zippykerb (NSW) Pty Ltd (ACN ) and Another[2012] FCA 281 March 2012, Appellate, Intellectual Property Australian Securities and Investments Commission v Administrative Appeals Tribunal[2011] FCAFC 114 August 2011, Corporations Quinlivan v Australian Securities and Investments Commission[2011] HCATrans 208 August 2011, Appellate, Corporations Quinlivan v Australian Securities and Investments Commission[2010] FCAFC 161 December 2010, Appellate, Corporations Re Opus Capital Limited and Australian Securities and Investments Commission[2010] AATA 723 September 2010, Corporations Bank Polska Kasa Opieki Spolka Akcyjna v Richard Zbigniew Opara and Anor [2010] QSC 93 March 2010, International Re Quinlivan and Australian Securities and Investments Commission [2010] AATA 113 February 2010, Corporations EXPERIENCE David has been retained in a wide range of matters, including the following of note: acting for a large property developer defending a claim of a collateral contract stemming from precontractual negotiations ( ); representing an electricity retailer in a complex contractual dispute with the owners of the power station (2018); urgently applying for injunctive relief before an arbitrator in Singapore to prevent one party to a large construction contract calling on bank guarantees (2018); appearing in the High Court of Australia for the Attorney-General for Queensland in a matter concerning s 118 of the Australian Constitution (2018); an estoppel claim based on a paternal encouragement in a very large farming enterprise (2017); a judicial review of a decision to grant approval to supply pharmaceutical benefits at premises in Tasmania (trial and appeal) (2017);
4 a dispute over substantial royalties payable for the mining of iron ore in Western Australia ( ); a dispute between a franchisor and a franchisee in a large international franchise ( ); proceedings to recover an uncommercial transaction in excess of $210 million ( ); acting for the corporate regulator in proceedings to disqualify persons from managing corporations; acting for the corporate regulator in proceedings concerning the collapse of large financial advisory firms (2012); representing a large international sugar miller in wide ranging and protracted disputes with its suppliers and its international marketing agency concerning futures trading losses in excess of $100 million ( ). RECOMMENDATIONS Doyle s Guide to the Australian Legal Profession 2018 Recommended junior counsel for Insolvency (Queensland) 2018 Recommended junior counsel for Commercial Litigation & Dispute Resolution (Queensland) 2017 Recommended junior counsel for Commercial Litigation & Dispute Resolution (Queensland) 2015 Recommended junior counsel for Insolvency (Queensland) APPOINTMENTS Bar Council Member and Assistant Honorary Secretary, Bar Association of Queensland MEMBER Bar Association of Queensland CAREER 2009 Barrister (Brisbane) 2007 Solicitor, Mallesons Stephen Jaques (now King & Wood Mallesons) (Brisbane)
5 2006 Associate to Justice JS Douglas, Supreme Court of Queensland (Brisbane) EDUCATION 2005 LLB (Hons), B Int Bus (Griffith) Liability limited by a scheme approved under professional standards legislation
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