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David Hope

Partner
+61.3.9205.2081
Fax +61.3.9205.2055

Mr. Hope focuses on complex commercial and contractual disputes in various Australian jurisdictions. His practice includes damages claims for breach of contract, injunctions for specific performance or to prevent a breach, debt recovery and enforcement of guarantees and securities, as well as statutory causes of action under company and consumer protection laws. Mr. Hope also advises clients on a range of defamation, contempt and related media issues.

He has significant experience in a number of industries, including banking and finance, telecommunications and petroleum (downstream).

Mr. Hope regularly advises clients on dispute resolution strategies, which often involve engaging in different forms of alternative dispute resolution both prior to and after the commencement of proceedings, such as representing clients in mediation or facilitation.

Mr. Hope was recognised as one of Australia’s leading lawyers in the Best Lawyers in Australia list published in 2013.

Achievements

Mr. Hope has completed the Insolvency Education Program administered by the Insolvency Practitioners Association of Australia.

Professional/Civic Activities

  • Law Institute of Victoria member
  • Mr. Hope regularly reviews contentious articles to be published in the LIV's peak monthly publication for the profession, the Law Institute Journal
  • Po bono support to clients referred by the Public Interest Law Clearing House (PILCH)

Speaking Engagements

  • "Legal Professional Privilege – The Powercor Decision", Melbourne, April 2012
  • "Defamation and Social Media", Melbourne and Sydney, August 2011
  • "Discovery: recent amendments to the Civil Procedure Act 2010", Melbourne, August 2011
  • "Update on Class Actions in Australia", Australian Corporate Lawyers Association (ACLA) National Conference, Sydney, November 2010
  • Acting for Centro Retail Group in the defence of the largest securities class action in Australia commenced by hundreds of unit holders alleging misleading or deceptive conduct and breaches of continuous disclosure obligations following the collapse of the company's share price when lender support was withdrawn.
  • Acting for NEC Australia in respect of disputes regarding the delivery of ICT Infrastructure Services and Carriage Services including voice over Internet Protocol (VoIP) services, the integration of third party software with NEC infrastructure such as PBXs and soft switches, and licensing arrangements.
  • Acting for a medical practice in respect of defamatory statements made in a current affairs program televised in prime time, nationwide.
  • Acting for ExxonMobil for over 10 years on contentious work arising from its downstream activities at the retail, wholesale and distributor level. He also has experience in environmental litigation arising from contamination of service station sites and adjoining lands and defending prosecutions by government authorities.
  • Acting for electrical products manufacturers and suppliers on defective products, including implementing product recalls, notices to the public, liaising with all regulatory authorities as required, and negotiating with distributors.
  • Acting for The National Trust of Australia (Victoria) pro bono in their successful protection of a Victorian Heritage Site from proposed construction works.
  • Acting for executors and plaintiff’s in multi-million dollar estate litigation, including the estate of the late motor sportsman, Peter Brock.
  • Acting for a shopping centre landlord on a claim for damages from the anchor tenant for significant breaches of contract.
  • Acting for the purchaser/tenant in a sale of business and lease dispute involving misleading or deceptive conduct, calculation of rent, lost profits, and building alterations.
  • Acting for various clients in complying with, or objecting to, subpoenas for production or to give evidence.