David Abernethy

Consultant. Brisbane.

+61 7 3228 9456 |   |  vCard
David Abernethy

In the complex world of commercial disputes resolution, David brings clear advice and strategies to complicated matters.

His keen sense of what lies at the heart of a dispute has been developed through more than 30 years in the field. This has proved essential when acting on high profile cases for clients including Suncorp, Wesfarmers, Queensland Alumina, and financial institutions such as ANZ, Westpac and BankWest.

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In the complex world of commercial disputes resolution, David brings clear advice and strategies to complicated matters.

His keen sense of what lies at the heart of a dispute has been developed through more than 30 years in the field. This has proved essential when acting on high profile cases for clients including Suncorp, Wesfarmers, Queensland Alumina, and financial institutions such as ANZ, Westpac and BankWest.

David is recognised as a leading expert in commercial litigation and alternative dispute resolution including: contractual disputes; shareholder and partnership disputes, directors duties; banking and finance insolvency and recoveries; and workplace relations and occupational health and safety litigation and disputes.

“Best Lawyer - Litigation, ADR and Insurance” Best Lawyers Peer Review
David Abernethy

David's Expertise

  • Queensland Alumina Limited Represented QAL in proceedings against an American-based shipping broker and two Chinese trading companies for the fraudulent presentation of letters of credit in respect of a shipment of caustic soda. The proceedings included obtaining an urgent injunction restraining any further payments being made. David also advised on jurisdictional matters and service and enforcement of judgements in foreign countries.
  • Century Yuasa Batteries Pty Ltd Acted for Japanese and Philippine shareholders in proceedings to recover the beneficial ownership of their business following unauthorised restructure. This complicated case involved Supreme Court proceedings, multiple interlocutory applications and trial in Queensland, as well as mareva injunctions, anton pillar orders and High Court proceedings in New Zealand.
  • Compass II Airlines (in liquidation) Acted for the directors on instructions from Directors and Officers insurers in defending major multi-party litigation by the liquidator alleging breach of fiduciary obligations by directors, and breaches of corporation and trade practices law. This complex matter involved cross-claims against the Company’s auditors, bankers and lawyers; representing the directors in examinations by ASIC officers and in public examinations; a major dispute with HIH on indemnity; and a five day multi-party mediation (mediated by John Clarke QC).
  • Grainco Australia Limited Led a team in proceedings against NSW Grains Board in breach of contract and rectification claims arising out of a contract for the purchase of statutory monopolies to market particular types of grain. Involved a mediation followed by proceedings in the Supreme Court of New South Wales.
  • Suncorp, Westpac, ANZ and BankWest Acting for various banks in a range of secured and unsecured recovery and priority disputes in relation to registration of mortgages and removal of caveats. Wide experience in acting for secured creditors in relation to property developments where buyers are endeavouring to avoid contracts in a falling market.
  • Queensland Alumina Limited Advising QAL in relation to the upgrading of its safety management system to ensure that it could be certified by third party accredited auditors pursuant to AS:4801 and implement an intranet site which included quarterly updates of the legislation and government policy relevant to its safety management system.

What others say

  • “Best Lawyer - Insurance” Best Lawyers Peer Review, 2015-2018
  • “Best Lawyer - Bet-the-Company Litigation” Best Lawyers Peer Review, 2014-2018
  • “Best Lawyer - Alternative Dispute Resolution and Litigation” Best Lawyers Peer Review, 2009-2018
  • “Lawyer of the Year - Litigation - Brisbane” Best Lawyers Peer Review, 2014-2016
  • “Lawyer of the Year - Alternative Dispute Resolution - Brisbane ” Best Lawyers Peer Review, 2011

David's Leadership

  • Queensland Law Society Advisory Committee Specialist Accreditation, Commercial Litigation
  • Corrs Chambers Westgarth Board Member