David McGovern SC

+61 2 8226 2326
1981
2002

David has over 20 years of experience as Senior Counsel and over 40 years of experience at the Bar.

David has appeared in landmark cases in the High Court of Australia including the seminal taxation decisions of Federal Commissioner of Taxation v Dalco (1990) 168 CLR 614, Fletcher v FCT (1991) 173 CLR 1 and Re Carmody; Ex parte Glennan (2003) 77 ALJR 1202. and in a significant number of reported judgments across a broad range of jurisdictions in Australia.  He brings a wealth of experience to matters involving taxation and revenue law, and commercial matters.

He regularly appears for clients, including the Australian Taxation Office, blue-chip Australian corporations and high net worth individuals in superior Courts, such as the Full Federal Court of Australia, the New South Wales Court of Appeal, the Federal Court of Australia, and has appeared in the Supreme Courts in all States and Territories. He also has considerable experience appearing in the Administrative Appeals Tribunal and in examinations and facilitations for the Australian Tax Office, and in matters concerning statutory interpretation.

David’s practice extends to advising and appearing in administrative law, corporations law, equity and trusts, insolvency and bankruptcy, and succession law disputes. David is increasingly briefed to provide complex advice and effective representation in property disputes in family law matters.

David is also available to appear as a mediator or as counsel in complex mediations, having completed a Mediator Course from Pepperdine University in the United States of America. Complementing his domestic practice, David is also a door tenant at Chancery Chambers in Melbourne.

 

ADMISSIONS TO PRACTICE

  • 2002 Appointed Senior Counsel
  • 1981 Admitted to the Bar of New South Wales

 

PRINCIPAL AREAS OF PRACTICE

  • Administrative Law
  • Alternative Dispute Resolution
  • Appellate
  • Commercial Law
  • Corporations Law
  • Equity and Trusts
  • Family Law (Property Disputes)
  • Insolvency and Bankruptcy
  • Succession Law
  • Tax and Revenue Law

 

PROFESSIONAL QUALIFICATIONS

  • Master of Laws: University of Sydney
  • Bachelor of Laws: University of Sydney
  • Mediation Course “Mediating the Litigated Case”: Pepperdine University (USA)

 

SELECTION OF CASES

  • High Court:
    • Federal Commissioner of Taxation v Bargwanna (2012) 244 CLR 655
    • Avon Products Pty Limited v Commissioner of Taxation (2006) 230 CLR 356
    • Re Carmody; Ex Parte Glennan (2003) 77 ALJR 1202
    • Commissioner of Taxation v Payne (2001) 202 CLR 93
    • Malubel Pty Limited v Elder (No 2) (1998) 73 ALJR 269
    • Fletcher v Commissioner of Taxation (1991) 173 CLR 1
    • Federal Commissioner of Taxation v Dalco (1990) 168 CLR 614
    • Smith v Commissioner of Taxation (1987) 164 CLR 513
  • Full Federal Court:
    • Federal Commissioner of Taxation v Miraki [2022] FCAFC 96
    • Federal Commissioner of Taxation v Cassiniti [2018] FCAFC 212
    • Federal Commissioner of Taxation v Normandy Finance & Investments Asia Pty Ltd [2017] FCAFC 46
    • Gould v Deputy Commissioner of Taxation [2017] FCAFC 1
    • Millar v Federal Commissioner of Taxation [2016] 243 FCR 302
    • Seymour v Federal Commissioner of Taxation (2016) 241 FCR 361
    • Cameron v Federal Commissioner of Taxation (2012) 202 FCR 301
    • Darrelen Pty Ltd as trustee of Henfam Superannuation v Federal Commissioner of Taxation (2010) 183 FCR 237
  • David also regularly appears in the Federal Court of Australia, New South Wales Court of Appeal, Supreme Court in all States and Territories and the Administrative Appeals Tribunal. A full case list is available on request.

 

Qualifications

LLB, University of Sydney

LLM, University of Sydney Mediator, Pepperdine University

Practice Areas

Administrative LawAlternative Dispute ResolutionAppellateCommercial LawContract LawCorporations LawEquity and TrustsInsolvency and BankruptcySuccessionTax and Revenue