David Wilton

Special Counsel

M: +61 439 948 100
T: +61 2 8241 5657
E: dwilton@mccullough.com.au

With over 10 years’ experience working with corporate and government clients on complex disputes, David delivers swift and commercial outcomes.

David’s areas of expertise include contract disputes, equitable actions, misleading or deceptive conduct claims, public law matters, and judicial reviews.

David represents Commonwealth and NSW Government departments and agencies, publicly listed and proprietary companies, and high net worth individuals in significant litigation, investigations and disputes. David also has particular expertise acting for companies in the mining sector.

With particular interest in litigation involving government, David has previously worked in London for the UK Government’s specialist legal department.

View David’s recent articles:

  Enforcing foreign judgments in Australia

  Overview of Australia’s Court system

Experience

International beverage manufacturer

Acting in a range of disputes in courts across Australia and advising on disputes with various suppliers.

Petroleum company

Defending a petroleum company in ongoing long-running breach of contract proceedings commenced in the Supreme Court of New South Wales by Cushman & Wakefield worth over $30 million.

Australia’s largest telecommunication company

Acting for and advising a telecommunications carrier in relation to a range of disputes in courts across Australia, with a particular consumer law and contract law focus.

Commonwealth of Australia

Acting for the Commonwealth of Australia on a range of disputes in courts across Australia. This includes frequently acting in matters instructed by Comcover, the Australian Government’s self-managed insurance fund with a particular focus on defending the Commonwealth from breach of contract and misleading or deceptive conduct claims. Also successfully defending claims worth, in total, more than $1 billion brought against the Department of Defence, the Department of Communications, Defence Housing Australia and the Australian Federal Police.

International clients

Advising international clients on a range of cross-border issues. Specifically, acting on behalf of foreign regulators and law firms to obtain evidence from witnesses located in Australia and to assist them to enforce foreign judgments.

Acting for the US Securities and Exchange Commission in Supreme Court of NSW proceedings to obtain evidence from witnesses located in Australia. Also regularly advising foreign clients about Australia’s autonomous sanctions regime.

Mining companies

Successfully acting for various mining companies, including defending a publicly listed mining company in respect of a breach of contract claim commenced in Western Australia.

Also successfully prosecuting a claim arising from the repudiation of a royalty agreement in the Supreme Court of NSW and the Court of Appeal, with a claim value in excess of $20 million.

Acting for a prospective sand mining company which has commenced proceedings against the Port Authority of NSW seeking damages in excess of $100 million.

NSW Government

Acting for the Department of Communities and Justice and other NSW Government entities in respect of a broad range of disputes offering a specialist focus on law relating to Crown land and cemeteries.

High-profile individuals

Successfully defending a former Federal Cabinet Minister in proceedings commenced in the Supreme Court of Victoria by shareholders of an airline providing specialist air services to the Australian Government. The claim was worth over $35 million and dismissed with costs.