David Thomas SC

Practice Areas

David Thomas SC appears across Australia in a broad range of commercial and civil matters. He has a particular interest in class actions, regulatory, revenue and constitutional law. David appears at both trial and on appeal, including in the High Court.

Commercial and corporate law: Recent clients include HSBC on appeal in the Dick Smith litigation, IAL in the Greensill disputes, Channel Seven in claims against Cricket Australia, the Rinehart children in litigation against Gina Rinehart, NAB in proceedings concerning the Bank Bill Swap Rate and Brickworks in a landmark oppression action.

Class actions: Clients include National Australia Bank, Westpac, RBS, Suncorp, NULIS, Star Entertainment, Multiplex and subsidiaries of BHP. David has been appointed amicus by the Federal Court and NSW Supreme Court to provide submissions in novel matters.

Regulatory and civil penalty:David regularly acts for companies and individuals in proceedings brought by ASIC. Recent clients include Macquarie Bank, Westpac, Rio Tinto, MLC Nominees, NAB and MLC Insurance. David has also acted for ASIC and the ACCC respectively in High Court appeals concerning the operation of the MIS and cartel regimes. David represented NAB in the Banking Royal Commission.

Revenue law: David appears for both taxpayers and the Commissioner. Recent matters have involved Crown, Tabcorp, Tatts and Uber. David has also appeared for the Commissioner in High Court appeals concerning franking credits and charitable trusts, and for high net-worth individuals in income and tax residency matters.

Constitutional law: Notable matters include High Court challenges to the mining tax, carbon tax and the reform of parliamentary pension entitlements. He recently appeared in the first High Court challenge under s 90 of the Constitution since Ha.

David has been recognized in range of professional publications, including Best Lawyers in Australia, Legal 500 and Who’s Who Legal.

David was awarded University Medals in both Law and History at the University of Sydney. David subsequently received a BCL (with Distinction) from the University of Oxford, while holding the Menzies Memorial Scholarship in Law. Prior to coming to the Bar, David was Associate to Justice Gummow at the High Court of Australia and a solicitor at Mallesons Stephen Jaques (now King & Wood Mallesons).