EXPERTISE

Formally accredited as a mediator in 2017, David has extensive experience in dispute resolution as a principal, advisor and lead negotiator.

As Managing Director, Lafayette Mining Limited (2006-2007), David was appointed to lead a work out of a polymetallic mining project in Southern Luzon, Philippines after the suspension of operations during the commissioning of the base metals plant. David implemented a refinancing and restructuring of the project and joint venture financing arrangements, leading negotiations with LG International, Kores, Leighton Contractors, a consortium of international banks and the Department of Environment and Natural Resources.

Over a 21 year period, (11 as Chair) David served on the Board of International Grammar School. In this role, supporting the Principal of the school, David was deeply engaged in the usual array of issues that arise in a pre-school to year 12 independent co-educational school including workplace issues, disciplinary processes, incident response and community engagement.

Intermediation has been established to allow David to share his extensive commercial, financial and leadership experience with disputants seeking alternative dispute resolution.

David has deep, broad ranging experience across the banking spectrum, initially as a lawyer then in global investment banks (Deutsche Bank, Standard Chartered Bank). David began his career with Allen Allen & Hemsley (now Allens Linklaters), being predominantly involved in structured debt and multi-currency lending transactions in the Banking and Finance group in Sydney and Singapore. David provided advice, documented and negotiated numerous multi-currency loan facilities for Australian and international banks and was a senior member of the legal advisory team acting for Singapore Airlines in the first domestic aircraft leveraged lease to be signed in that jurisdiction. David’s subsequent career in investment banking and transactional advisory work has equipped him with a mature understanding of all facets of banking, including a working knowledge of syndicated lending, debt capital markets and treasury and derivatives products.

Joining Bain & Company in 1984, (later acquired by Deutsche Bank), David was a senior member of Bain’s highly successful asset finance team, arranging structured debt (equity leases, leveraged leasing) for major equipment acquisitions, research and development syndications, unit trust financings for property developments and resource financings. This was a highly innovative area that required bespoke outcomes for complex domestic and cross border transactions. Amongst other watershed transactions, David arranged the first commodity based (gold) leveraged lease to be completed in the global resources sector.

David established the Project Finance Division in 1991 for Bain & Company and assumed responsibility as Divisional Head for Deutsche Bank’s lending activities in infrastructure and project finance in Australia and the South Pacific under a combined advisory, arranging and lending function in 1993. David completed numerous utility style financings for power stations, water treatment plants and toll roads in advisory and arranging roles.

David subsequently established his own private consulting and advisory business with a focus on project and resource sector finance. In this capacity, he was appointed as the principal external financial advisor to Australian Magnesium Corporation on the assembly of A$1.250 billion in senior and mezzanine debt facilities for the A$1.800 billion Stanwell Magnesium Project in Central Queensland (1998 to 2003).

Appointed as the Head of Debt Advisory for Gryphon Partners (subsequently acquired by Standard Chartered Bank), David provided advisory services to a number of clients including Stanwell Corporation, AGL, Ballarat Goldfields, Horizon Oil, Hindmarsh Resources and Tenix Investments.

From 2008 to 2011, David was an Executive Director of Gryphon Partners, establishing the Sydney office. In this capacity, David advised on a number of acquisitions, divestments and defence assignments, principally in the resources sector. This experience as an adviser has been supplemented by his corporate leadership roles (Lafayette Mining and Strike Energy), engaging with defence advisers and potential suitors.

David has extensive first mover experience with the deployment of the Build, Own, Operate (BOO/BOOT) project delivery model in Australia, including arranging the first major private sector Build Own Operate Transfer transaction in Australia for Leighton/BHP, the bank financing of the first power station privatization (A$750 million Gladstone Power Station) and as part of the advisory team supporting SECWA in the planned private sector development of the Collie coal fired power station. David led the banking syndicate for the successful Transfield North West Water tender for the first Sydney water treatment facility to be completed (A$250 million Macarthur Water) requiring the negotiation of ground breaking risk sharing principles with Sydney Water.

David provided financial advice and assistance as a senior consultant to the NSW Government for the delivery and long-term operation of various Olympic facilities to a combined value exceeding A$650 million. These facilities (the Qudos Bank Arena $250 million, the Olympic velodrome, the Novotel Olympic Park Hotel) were all delivered by the Olympic Co-ordination Authority under innovative, competitive, public private partnership (PPP) style tenders (1996 to 1998).

David was subsequently appointed as the principal external financial advisor to the NSW Department of Housing for the first social housing PPP to be competitively tendered in Australia (Bonnyrigg $775 million).

David has been involved in negotiating and then managing complex construction contracts, especially in the context of project financings and PPPs (Stanwell Magnesium, various Olympic facilities), resource project delivery (Lafayette/Rapu Rapu), new school buildings (International Grammar School). He is familiar with all contract delivery models including EPC, EPCM and alliance style contracts.

David’s governance experience is extensive.

David served on the Board of International Grammar School Sydney Limited for a period of 21 years, and as the chair for 11 years. He was the chair of the Audit and Risk committee for the bulk of his tenure with the school and was instrumental in re-locating the school from Surry Hills to purpose built facilities in Ultimo, where the school continues to grow and prosper.

Additionally, David has served in executive and non-executive board roles on two ASX listed (Lafayette Mining Limited and Strike Energy Limited) companies and has acted in advisory roles reporting to boards regarding high risk director duties such as insolvency and reputational management in crisis situations.

David has led two ASX companies as Managing Director: Lafayette Mining Limited (2006-2007 and Strike Energy Limited (2016-2017).

In both roles, David initially became involved with the companies as an advisor, with that advisory role progressively converting to the leadership of the company under difficult external conditions.

Both roles required high level advocacy and negotiating skills, whilst leading a team of dedicated commercial and technical individuals, gaining unique insights into the challenges of supporting remote site project operations.

David has been involved in numerous joint ventures as an advisor and principal during the assembly, project delivery and operational phases gaining extensive experience in negotiations of problematic contractual terms. These joint venture relationships have been in diverse sectors including resources (often involving long term off-take agreements), infrastructure (especially in the context of PPP style joint ventures), property development, specialist facilities (casinos, sports stadia) often with diverse cultural sensitivities.

Joint venture partners/stakeholders have included global Korean and Japanese trading houses, private equity, government agencies (NSW, SA, Queensland, Philippines, Eritrea, Indonesia, China), global Chinese mining companies, engineering companies, and specialist service providers.

David has always described his career as a transactional intermediary, often dealing with complex multi-stakeholder problem solving. This has encompassed complex financing arrangements (structured debt, project finance, syndicated lending, public debt markets), complex project delivery across resources, property development and specialist facilities, negotiating novel risk sharing models for public, private infrastructure delivery and long term contractual engagements such as take or pay off-take agreements, often involving bank finance.

David is able to draw on this experience in any commercial negotiation with a sophisticated ability to anticipate and understand the needs of all stakeholders. David has worked on all sides of the table, he has represented the big guy and the little guy, the government and the governmental suitor, the investor and the investee, the borrower and the lender. He has been the client and the service provider.