Background

David is a University Medalist in law, and was admitted to the legal profession in 2013 after graduating to First Class Honours in Laws and Legal Practice, and Psychology.  Following his admission, he was Associate to the Honourable Justice Peek, during which time he had involvement in a number of high profile cases including R v Bascombe & Spilios, R v Bucca & Castle, R v Polkinghorne & McPartland, Militsis v State of South Australia, and the Feast v Dietman litigation.  Whilst completing his tertiary studies, he clerked at local, national, and international law firms, as well as the Crown Solicitor’s Office, and was awarded subject prizes in numerous topics.

Practice areas

David entered private practice in 2015, at a long established, mid-tier firm.  In that role, he handled cases in the major federal and state courts in South Australia, and advised a range of corporate and private clients, including a major fuel retailer, electronics wholesaler, cheesemaker, and a prominent native title organisation.  His advisory work included assisting in drafting a detailed opinion to a peak industry body in the seafood sector as to potential compensation to licence holders under the Fisheries Management Act 2007 (SA) affected by then draft regulations under the Marine Parks Act 2007 (SA).

David joined Leventis Lawyers in 2016.  Since his appointment, he has acted for accountants, builders, conveyancers, defendants in confiscation of assets proceedings, farmers, insolvency and bankruptcy practitioners, landlords, moteliers, police officers, surveyors, and wealth advisors.  His engagements have included preparation of a successful ex parte application for an Anton Piller order to search a defendant’s residential and workplace premises for evidence of alleged fraud, and Mareva injunction to freeze assets.  He has also presented on ipso facto clauses in contracts and ejectment clauses in trust deeds, and assisted in the preparation of a Deed of Company Arrangement.

David continues to give emphasis to litigation and dispute resolution and related work for selected clients.  He regularly engages leading senior and junior counsel in especially complex matters, and other experts including forensic computer analysts and engineers where necessary.  He also deals with building and construction, corporate and commercial, employment and industrial, property and land use, and wills, estates, and succession matters.

Selected matters as instructing solicitor

  • Andrash Pty Ltd v City of West Torrens, for the appellant, who succeeded on appeal against a decision of the Council which imposed a condition that confined the operating hours of the appellant’s car wash.
  • Cooper & Ors v District Council of the Copper Coast, for the appellant, who succeeded on appeal against a decision of the Council that refused to grant development plan consent to vary the stated land use to permit operation of the existing business of an engineering firm.
  • Dall v Semenis, for the plaintiff, to whom engineering equipment was returned intact by a creditor located using a process server shortly after proceedings were issued.
  • IAG Limited v Garner & Ors, for the proposed defendants, to whom proceedings to seek significant damages were threatened by an insurer but ultimately not issued following detailed correspondence challenging the asserted legal basis of the proposed claim.
  • SANTS v Hibbert, for the plaintiff, who achieved a favourable settlement in action to recover monies defalcated by a previous staff member.

Extracurricular

David is active in the legal profession outside of private practice.  He is a headnote reporter of the authorised and specialty reports of the most significant cases decided by the Federal Court of Australia (FCR), Courts exercising federal jurisdiction (FLR), and the Supreme Court of South Australia (SASR).  Additionally, he has tutored in Tort Law and in Law for Business, mentors final year law students, and is a member of the Civil Litigation Committee of the Law Society.

Qualifications

Bachelor of Laws and Legal Practice with First Class Honours

Bachelor of Psychology with First Class Honours

Memberships

Law Society of South Australia

Headnotes

Federal

Wilson v State of South Australia & Anor (2017).

BCF15 v MIBP (2016); SZTTI v MIBP (2015); SZRNJ v MIBP (2014); Treadtel International Pty Ltd v Cocco (2016); Ramsey v Hayes (2017); R v Cross (2017); Glanville v Harris (2017); Keir v Croatto (2017); Quirk v CFMEU (No 2); Miller v CFMEU (No 2) (2017); Boxx v Peden (2017); Australian Federal Police v Lordianto (2017).

State

Police v Baker (2015); Schuller v SJ Webb Nominees Pty Ltd (2015); Hoff & Anor v City of Mitcham & Ors (2016); R v Spilios (2016); R v Hudson (2016); R v Gjergji (2016); McGuiness v Police (2016); R v Hallcroft (2016); R v Donald; R v Pitt; R v Whitaker (2016); R v Hamra (2016); Maxon Constructions Pty Ltd v Vadasz (No 2) (2017); R v Vaccaro (2017); R v Neal (2017); R v Oake (2017); R v Pedler (2017); R v Zefi; R v Jakaj (2017); Stringer & Or v Westfield Shopping Centre Management Co (SA) Pty Ltd (2017).

Experience

Associate, Leventis Lawyers

Lawyer, Camatta Lempens Lawyers

Judge’s Associate, Supreme Court of South Australia