David De Mestre

Areas of Expertise

David is a charismatic and effective litigator with experience in all NSW and Federal Courts, including the NSW Court of Appeal and High Court of Australia. His clients trust his legal excellence and commercial instinct in complex and sensitive disputes.

David has acted for a wide range of clients who all benefit from his strong network of barristers, public relations consultants and insolvency professionals.

David is an emerging defamation and media law expert, regularly publishing articles and featuring in a Lawyers Weekly podcast discussing defamation. He is often contacted to give off-the-record comments to journalists for defamation news stories. David acts for high profile clients in defamation and media disputes and provides pro bono defamation advice to domestic violence survivors and not-for-profit organisations.

Additionally, David is highly experienced practicing in:

Insolvency and bankruptcy
Competition & consumer claims
Commercial contract and warranty claims
Partnership and shareholder disputes
Financial services
Professional negligence claims
Complex real property disputes
International cross-border litigation

David is a member of Bartier Perry’s organisational fraud and corruption practice group and regularly acts in complex fraud matters. David also acts and advises in relation to foreign disputes and international cross-border litigation. In 2022, David completed both a Master of Laws focusing on international commercial law, and ARITA’s Certificate in Introduction to Insolvency.

Qualifications/Memberships

Bachelor of Laws (Macquarie University), 2020
Master of Laws (Macquarie University), 2022
Certificate in Introduction to Insolvency Program (ARITA) 2022
Communications and Media Law Association (CAMLA), young lawyer member
Australian Restructuring Insolvency and Turnaround Association (ARITA), young professional member
Law Society of New South Wales
New South Wales Young Lawyers

What David’s clients say

“It is clear to me that David is a confident and competent media lawyer and our organisation benefited from his excellent work and assistance” – Director of Corporate Services, not-for-profit organisation regarding a critical media incident and defamation dispute.

“During Bartier Perry’s representation of Council, I was particularly impressed with David’s command of a wide range of issues and ability to discuss and work-shop ideas in a client-centric manner” – General Manager, Local NSW Council regarding a private factual investigation and governance advice work.

“From my dealings with David, I have experienced first-hand his dedication, excellent legal knowledge, and high standard of client care. Nothing was too much trouble for him, and he made himself available to me for every step of the dispute. The thoroughness, kindness and professionalism I received from David made a stressful experience much easier.” – CEO of a not-for-profit charity in NSW regarding a fraud recovery claim.

“David’s efficiency, attention to detail, knowledge of insolvency law and commercially sound strategy assisted in achieving a good outcome for the creditors” – registered liquidator, NSW.

“Whilst working with David, I have been particularly impressed with David’s commercial and strategic skills, which exceed a lawyer of his post-qualification experience” – Head of Credit – Collections at national non-bank mortgage lender regarding high volume recovery portfolio.

A word from David

“Reputation is everything in business. I am passionate about resolving high stakes disputes for reputable clients through legal excellence and clever commercial strategies.”

Career Highlights

2024 Finalist in three categories for the Lawyers Weekly 30 Under 30 Awards (Media/telecommunications, Dispute Resolution & Litigation and Insolvency).
2023 Finalist for the Lawyers Weekly 30 Under 30 Awards – Insolvency Law.
Successfully obtaining judgment for a plaintiff claiming damages and an account for profits in Supreme Court NSW breach of fiduciary duties proceedings against a former employee.
Acting for a not-for-profit organisation in a “critical” media and public relations incident to successfully negotiate favourable outcomes with counterparties. David assisted with devising and implementing both internal and external communications strategies working with public relations consultants to limit the client’s exposure and avoid adverse claims.
Successfully obtaining urgent ex parte freezing orders and judgment for a not-for-profit charity to recover funds stolen by employee theft.
Acting for AFSL licensees, vendors and purchasers in multiple consumer and breach of warranty claims in the Federal Court of Australia concerning the sale and purchase of financial services businesses.
Successfully defending an application for minority discounts in the sale of minority shareholdings in a financial services business following Federal Court shareholder oppression proceedings.
Acting in NSW Court of Appeal and High Court special leave applications.
Successfully completing a private factual investigation for a NSW local Council regarding a major public development project and devising internal policy and governance reforms.
Strategically advising the shareholders of an international hospitality/restaurant group in a multimillion-dollar dispute concerning secured bank debts and investor step-in rights.
Acting for liquidators in public examinations and recovery actions including voidable transactions and breach of directors’ duties claims.
Acting for property developers in complex real property disputes concerning caveats and put and call option disputes giving rise to professional negligence claims against lawyers.

Specific Areas of Focus

Defamation, media disputes and unlawful online conduct
Intellectual property, copyright, trademark and privacy/confidentiality disputes
Insolvency and bankruptcy
Competition & consumer, commercial contract and warranty claims
Partnership and shareholder disputes including oppression and directors’ duties claims
Organisational fraud and corruption, white-collar crime and regulatory investigations
Professional negligence claims
Complex real property disputes involving caveats, contracts for sale of land and put and call options
Financial services disputes and advisory
Debt recovery and national mortgage enforcement
International cross-border disputes and international commercial arbitration