Friday, 14 December 2018
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David Ferguson
“I am treated by my clients, and I see myself, as part of their management team. This means close liaison with directors and executives and regular visits to both their corporate headquarters and operational facilities.”
Telephone +61 2 8915 1053
Facsimile +61 2 8916 2053
Email David
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I believe that a legal adviser can be most effective if they have a good understanding of their clients' businesses. This principle applies whether you are working on large scale transactions, such as capital raisings or acquisitions, or more operationally focused matters such as customer contracts. I have found this to be even more critical for my work in the food and consumer sectors, where it is important to understand everything from the production process through to the supply chain associated with product sales. My understanding of these areas allows me to provide advice to my clients that is consistent with the needs of their business and their growth strategies.


I am treated by my clients, and I see myself, as part of their management team. This means close liaison with directors and executives and regular visits to both their corporate headquarters and operational facilities.


My work in the legal areas of corporate/commercial and mergers/acquisitions has been heavily oriented towards the food sector acting for clients such as Bega Cheese, Ricegrowers/SunRice and Tatura Milk Industries over many years.


I was a partner for 23 years in major law firms Abbott Tout and Dibbs Barker before joining Addisons in 2010.

 

Qualifications 

BA (Hons) LLB – University of New South Wales

“David Ferguson has helped Bega Cheese over many years to develop and grow our business, culminating in our recent IPO and ASX listing. His expertise and understanding of our business ensures that we receive legal services that help us get things done.”

Barry Irvin
Chairman
Bega Cheese
Latest News
The Coca-Cola Co snaps up Australia's MOJO Kombucha
02 November 2018
The Coca-Cola Co snaps up Australia's MOJO Kombucha
MORE INFORMATION
See More
Latest Knowledge
Australian Government Proposes Scheme to Block Illegal Offshore Wagering Websites
13 December 2018
The Australian Federal Government is reviewing the possibility of introducing an Internet filtering scheme which would result in participating internet service providers (ISPs) blocking illegal offshore wagering websites which have been referred to the ISPs by the Australian Communications and Media Authority (ACMA).
MORE INFORMATION
Direct Selling Legal Update - December 2018
06 December 2018
There have been a number of significant legal developments which impact upon the direct selling sector in the second half of 2018. In this newsletter, we take a closer look at some of those developments.
MORE INFORMATION
Commercialisation of Intellectual Property
14 November 2018
In this edition of BenchTV, Partner, Donna Short and Special Counsel, Hazel McDwyer discuss the phases of a commercialisation project, the types of intellectual property in commercialisation agreements, and the need for the protection of intellectual property both on a domestic and global scale.
MORE INFORMATION

My work for clients falls under the headings of:

 

  • Corporate and commercial
  • Mergers and acquisitions
     
 

Qualifications 

BA (Hons) LLB – University of New South Wales

“David Ferguson has helped Bega Cheese over many years to develop and grow our business, culminating in our recent IPO and ASX listing. His expertise and understanding of our business ensures that we receive legal services that help us get things done.”

Barry Irvin
Chairman
Bega Cheese
Latest News
The Coca-Cola Co snaps up Australia's MOJO Kombucha
02 November 2018
The Coca-Cola Co snaps up Australia's MOJO Kombucha
MORE INFORMATION
See More
Latest Knowledge
Australian Government Proposes Scheme to Block Illegal Offshore Wagering Websites
13 December 2018
The Australian Federal Government is reviewing the possibility of introducing an Internet filtering scheme which would result in participating internet service providers (ISPs) blocking illegal offshore wagering websites which have been referred to the ISPs by the Australian Communications and Media Authority (ACMA).
MORE INFORMATION
Direct Selling Legal Update - December 2018
06 December 2018
There have been a number of significant legal developments which impact upon the direct selling sector in the second half of 2018. In this newsletter, we take a closer look at some of those developments.
MORE INFORMATION
Commercialisation of Intellectual Property
14 November 2018
In this edition of BenchTV, Partner, Donna Short and Special Counsel, Hazel McDwyer discuss the phases of a commercialisation project, the types of intellectual property in commercialisation agreements, and the need for the protection of intellectual property both on a domestic and global scale.
MORE INFORMATION
Bega Cheese's acquisition from Mondelez
In 2017 we acted for Bega Cheese on its acquisition of the Australia and New Zealand grocery business of Mondelez International, which included the Vegemite brand and the manufacturing facilities in Port Melbourne Victoria at which the business had produced Vegemite and peanut butter for many years. The acquisition of this business added a significant consumer facing dimension to Bega Cheese.
View Full Case Study
Bega Cheese IPO
We advised Bega Cheese on its initial public offering and listing on the ASX in mid-2011, which completed over-subscribed and raised $35 million for Bega Cheese. The lead-up to the listing included advising the company with respect to its overall corporate strategy.
View Full Case Study
Bega Cheese full merger with Tatura Milk Industries
Following the successful listing of Bega Cheese on the ASX, Bega Cheese acquired 100% control of Tatura Milk Industries Limited by way of scheme of arrangement. Taking the intimate knowledge of both Bega Cheese and Tatura Milk Industries we acquired in the IPO process, our team advised Bega Cheese in relation to the scheme and worked closely with the legal advisers to Tatura Milk Industries, Norton Gledhill, to prepare the scheme booklet and navigate the court and shareholder approval process within a tight timeframe.
View Full Case Study
Bega Cheese takeover offer for Warrnambool Cheese and Butter
Our team acted for Bega Cheese in relation to its initial 15% investment in ASX listed Warrnambool Cheese and Butter Factory Company Holdings Limited in December 2010 and subsequently on the takeover offer made by Bega Cheese in 2013.
View Full Case Study
Long term contracts for Bega Cheese and Tatura Milk Industries
One of the core business activities of Bega Cheese and its subsidiary Tatura Milk Industries is the manufacture of dairy products for supply to third party customers. These contract manufacture arrangements often involve the supply of large quantities of products on a long term basis and, accordingly, it is important that the commercial terms be carefully formulated and documented. In this respect, long term contract manufacturing arrangements are viewed as having the same level of significance as acquisitions, with a focus on key provisions such as ordering and supply, pricing and liability. The formulation of these long term contracts, coupled with manufacturing expertise and the successful management of the customer relationships, underlies the business growth of Bega Cheese and Tatura Milk Industries. In 2017 we acted for Tatura Milk Industries in relation to its sale of one of its infant formula spray dryers at Tatura and its canning Facility of Derrimut to Mead Johnson. This transaction included long term agreements for the ongoing provision of services and manufacturing access to these facilities by Tatura Milk Industries.
View Full Case Study
 

Qualifications 

BA (Hons) LLB – University of New South Wales

“David Ferguson has helped Bega Cheese over many years to develop and grow our business, culminating in our recent IPO and ASX listing. His expertise and understanding of our business ensures that we receive legal services that help us get things done.”

Barry Irvin
Chairman
Bega Cheese
Latest News
The Coca-Cola Co snaps up Australia's MOJO Kombucha
02 November 2018
The Coca-Cola Co snaps up Australia's MOJO Kombucha
MORE INFORMATION
See More
Latest Knowledge
Australian Government Proposes Scheme to Block Illegal Offshore Wagering Websites
13 December 2018
The Australian Federal Government is reviewing the possibility of introducing an Internet filtering scheme which would result in participating internet service providers (ISPs) blocking illegal offshore wagering websites which have been referred to the ISPs by the Australian Communications and Media Authority (ACMA).
MORE INFORMATION
Direct Selling Legal Update - December 2018
06 December 2018
There have been a number of significant legal developments which impact upon the direct selling sector in the second half of 2018. In this newsletter, we take a closer look at some of those developments.
MORE INFORMATION
Commercialisation of Intellectual Property
14 November 2018
In this edition of BenchTV, Partner, Donna Short and Special Counsel, Hazel McDwyer discuss the phases of a commercialisation project, the types of intellectual property in commercialisation agreements, and the need for the protection of intellectual property both on a domestic and global scale.
MORE INFORMATION
Company Meetings - Tips and Insights - Board Committees: Delegation and Decision-Making
2/5/2016
Given the importance of board committees to the corporate governance landscape, it is essential that boards of directors understand their right to delegate to, and rely on the decisions of, committees. This article examines those delegation and reliance rights and identifies the matters that boards should cover when establishing committees.
View Full Focus Paper
Addisons Contractual Interpretation Series – mutatis mutandis – the pitfalls of drafting shortcuts
25/2/2016
This is one of a series of articles in which we review the judicial interpretation of words, phrases and provisions that are commonly used in contracts.
View Full Focus Paper
Addisons Contractual Interpretation Series - an update on "reasonable endeavours"
13/3/2015
In an earlier article in this series we reviewed the judicial interpretation of the phrase “best endeavours”. The following article updates this through a review of the High Court’s decision in Electricity Generation Corporation v Woodside Energy Limited [2014] 251 CLR 640 (Verve Energy case), in which the Court analysed the meaning of the term “reasonable endeavours” in the context of a contract.
View Full Focus Paper
Company Meetings - Tips and Insights: The Role of the Chair
12/3/2015
This article considers the role of the chair in the context of company meetings as well as the broad corporate governance role allocated to an individual director appointed to the role of chair of a public company. This reveals the increased expectations of the role while noting the limited formal powers of the chair.
View Full Focus Paper
Addisons Contractual Interpretation Series - Relationship clauses - can fiduciary obligations be avoided?
4/6/2014
This is one of a series of articles in which we review the judicial interpretation of words, phrases and provisions that are commonly used in contracts.
View Full Focus Paper
 

Qualifications 

BA (Hons) LLB – University of New South Wales

“David Ferguson has helped Bega Cheese over many years to develop and grow our business, culminating in our recent IPO and ASX listing. His expertise and understanding of our business ensures that we receive legal services that help us get things done.”

Barry Irvin
Chairman
Bega Cheese
Latest News
The Coca-Cola Co snaps up Australia's MOJO Kombucha
02 November 2018
The Coca-Cola Co snaps up Australia's MOJO Kombucha
MORE INFORMATION
See More
Latest Knowledge
Australian Government Proposes Scheme to Block Illegal Offshore Wagering Websites
13 December 2018
The Australian Federal Government is reviewing the possibility of introducing an Internet filtering scheme which would result in participating internet service providers (ISPs) blocking illegal offshore wagering websites which have been referred to the ISPs by the Australian Communications and Media Authority (ACMA).
MORE INFORMATION
Direct Selling Legal Update - December 2018
06 December 2018
There have been a number of significant legal developments which impact upon the direct selling sector in the second half of 2018. In this newsletter, we take a closer look at some of those developments.
MORE INFORMATION
Commercialisation of Intellectual Property
14 November 2018
In this edition of BenchTV, Partner, Donna Short and Special Counsel, Hazel McDwyer discuss the phases of a commercialisation project, the types of intellectual property in commercialisation agreements, and the need for the protection of intellectual property both on a domestic and global scale.
MORE INFORMATION