David Thomas SC
Tel: +612 9232 4478
Tel: +612 9221 5664
David appears across Australia in complex commercial, corporate, regulatory, revenue and constitutional matters. He has appeared in High Court appeals in each of these areas.
Commercial and corporate law: David has acted for many of Australia’s largest companies and high net worth individuals in commercial and corporate litigation. They include 20 banks in Australia’s largest commercial dispute (the Bell litigation), NAB in market misconduct proceedings concerning the Bank Bill Swap Rate, Woolworths in arbitral proceedings concerning its Masters business, Seven West Media in proceedings against Yahoo!, WIN in its challenge to the takeover of Network Ten and the Rinehart children in long-standing litigation against Gina Rinehart.
Class actions: David is a recognised expert in class action litigation. He has acted for a range of defendants including Multiplex in the landmark Wembley Stadium litigation, NAB in the first class action brought in respect of consumer credit insurance, RBS in relation to rolling warrant litigation, NAB in the CDOs class action, and subsidiaries of BHP. David has also been appointed amicus curiae by the Federal Court and NSW Supreme Court to provide submissions in novel matters, including in relation to the approval of the largest funding commission in Australian history (the Clurname proceedings).
Regulatory matters: David regularly acts for companies in proceedings brought by ASIC, including MLC Nominees in proceedings arising out of the Banking Royal Commission and Rio Tinto in proceedings arising out of its Riversdale acquisition. David has also acted for ASIC and the ACCC respectively in High Court appeals concerning the managed investment scheme regime and the jurisdictional limits of Australia’s cartel legislation.
Mergers and Acquisitions: David represents both bidders and targets in many of Australia’s largest and most complex acquisitions, including in numerous schemes of arrangement. Clients include Fairfax, David Jones, Westfield (in the largest scheme of arrangement by value in Australian corporate history), Macquarie Bank, Alinta, Investa and CSR.
Revenue law: David regularly appears for both taxpayers and the Commissioner in revenue matters. Recent matters include acting for the Commissioner in the Oswal fraud proceedings, for the Commissioner in High Court appeals concerning franking credits and charitable trusts, and for high net-worth individuals in income and tax residency matters.
Constitutional law: David has acted for the Commonwealth in several important constitutional matters, including successfully defending challenges to the mining tax, carbon tax, and reform of parliamentary pension entitlements.
David has been recognized in Best Lawyers in Australia, Doyle’s Guide to Leading Barristers (both NSW and Australia-wide) and Who’s Who Legal.
David was awarded University Medals in both Law and History at University of Sydney. David subsequently received a BCL (with Distinction) from the University of Oxford, while holding the Menzies Memorial Scholarship in Law. Prior to coming to the Bar, David was Associate to Justice Gummow at the High Court of Australia and a solicitor at Mallesons Stephen Jaques (now King & Wood Mallesons) in Sydney.