David Smallbone

David Smallbone

David Smallbone

David maintains a broad commercial and equity practice, with an interest in international commercial arbitration.

He regularly appears at first instance and on appeal (and often opposed to Senior Counsel) in a diverse range of State and Federal Courts and Tribunals throughout Australia. David’s global reach has also seen him appear in the High Court of the Solomon Islands, the Solomon Islands Court of Appeal and the High Court of Fiji. He has also appeared in the High Court of Australia.

A highly experienced advocate and effective cross examiner, with or without interpreters, David advises and appears in disputes including fraud, forgeries, contracts, sales, trade practices, real and personal property, landlord and tenant, mortgages and securities, corporations, trusts, estates, partnerships, insolvency, franchising, trademarks, construction, restitution and administrative law.

David’s client base comprises individuals (including professionals, such as solicitors and accountants) and corporate entities. With extensive experience acting for international clients, his practice extends to acting in matters involving Chinese, Japanese, Korean, Russian, United States, Solomon Islands and Fijian law.

Complementing his litigation practice, David’s alternative dispute resolution practice encompasses international and domestic arbitration, stay applications, enforcement of Awards, applications for court orders in aid of the arbitral process, construction adjudications and expert determinations. He also has considerable experience in both court-annexed and private mediation.

David is a Fellow of the Chartered Institute of Arbitrators (FCIArb) and member of the Australian Centre for International Commercial Arbitration (ACICA).

PROFESSIONAL EXPERIENCE

  • 1990 – present Barrister, Frederick Jordan Chambers
  • 1989 Associate to Deputy President BJ McMahon, Administrative Appeals Tribunal

SPEAKING ENGAGEMENTS

  • Enforcing Chinese Judgments in Australia: Financial Cases (2018, in Beijing during China Arbitration Week, at the China Forum on Financial and Investment Disputes)
  • What is Just and Equitable? (2018)
  • Caveats: Essential Step or Tactical Weapon (2015, updated 2017)
  • Sunset Clauses (2015)
  • Some Recent Topics in Partnership Litigation (2010)

SELECT CASES

International Arbitration

  • B. B. v. D. Inc. before Arbitrator Rashda Rana – Worldwide franchisor terminated US Master franchise (unled)

High Court of the Solomon Islands

  • Austree Enterprises Pty Ltd & Ors v Guo & Ors – Corporations – Specific performance – Shareholders’ agreement – Restitution – Private international law – Chinese law (led B Buckland, opposed to J Sullivan QC with Jason Ward)

Practice Areas: Banking and Financial Services, Bankruptcy, Construction and Engineering, Corporate and Commercial, Intellectual Property, International Arbitration, Mediation
Affiliations and Certifications:

1990 Admitted to the Bar of New South Wales, Australia
1988 Admitted as a Solicitor of the Supreme Court of New South Wales, Australia
Fellow, Chartered Institute of Arbitrators (FCIArb)
Member, Australian Centre for International Commercial Arbitration (ACICA)
Member, Asian Australian Lawyers Association
Member, Hong Kong Australia Business Association
Bar Councillor, New South Wales Bar Association (2011 – 2012)
Member, New South Wales Bar Association

Qualification/s:

2017 Fellow of the Chartered Institute of Arbitrators (FCIArb)
2016 CIArb Asia Pacific Diploma in International Arbitration
1988 Bachelor of Arts/Laws: Macquarie University

Language/s: English
Address: Frederick Jordan Chambers, 53 Martin Place
City: Sydney

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Listing Title: David Smallbone