Thursday, 22 August 2019
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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
Addisons helps Bega win battle over peanut butter packaging
03 May 2019
On 1 May 2019 the Federal Court of Australia confirmed Bega Cheese’s right to continue to use the packaging get-up or trade dress associated with the peanut butter products that it acquired as part of its purchase of the Mondelez Grocery Business in 2017. Importantly, this gives Bega Cheese the right to continue to use the current packaging of its Smooth and Crunchy Peanut Butter products.
MORE INFORMATION
See More
Latest Knowledge
Loot Boxes, Surprise Mechanics, and Kinder Eggs - How should loot boxes be regulated?
12 August 2019
Globally, several jurisdictions are in the process of considering, or have already considered, their regulatory regimes in respect of loot boxes and have reached differing views as to the best way to regulate them. In this focus paper, we consider Australian and international regulatory developments with respect to the regulation of loot boxes.
MORE INFORMATION
Employment Law in Australia Overview
05 July 2019
In Australia, employment is primarily regulated by legislation at the Federal level. There are some areas, notably long service leave, which continue to be regulated at the State and Territory level.
MORE INFORMATION
Two big cases involving big name brands, Penfolds and Bega
08 May 2019
When you are strolling the aisles of a supermarket or bottle shop, what makes you instinctively reach for a familiar brand? Why do you choose one company’s product and ignore the other similar-looking products sitting next to them on the shelf? Brand recognition and brand loyalty are central to a product’s profitability.
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
Addisons helps Bega win battle over peanut butter packaging
03 May 2019
On 1 May 2019 the Federal Court of Australia confirmed Bega Cheese’s right to continue to use the packaging get-up or trade dress associated with the peanut butter products that it acquired as part of its purchase of the Mondelez Grocery Business in 2017. Importantly, this gives Bega Cheese the right to continue to use the current packaging of its Smooth and Crunchy Peanut Butter products.
MORE INFORMATION
See More
Latest Knowledge
Loot Boxes, Surprise Mechanics, and Kinder Eggs - How should loot boxes be regulated?
12 August 2019
Globally, several jurisdictions are in the process of considering, or have already considered, their regulatory regimes in respect of loot boxes and have reached differing views as to the best way to regulate them. In this focus paper, we consider Australian and international regulatory developments with respect to the regulation of loot boxes.
MORE INFORMATION
Employment Law in Australia Overview
05 July 2019
In Australia, employment is primarily regulated by legislation at the Federal level. There are some areas, notably long service leave, which continue to be regulated at the State and Territory level.
MORE INFORMATION
Two big cases involving big name brands, Penfolds and Bega
08 May 2019
When you are strolling the aisles of a supermarket or bottle shop, what makes you instinctively reach for a familiar brand? Why do you choose one company’s product and ignore the other similar-looking products sitting next to them on the shelf? Brand recognition and brand loyalty are central to a product’s profitability.
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
Addisons helps Bega win battle over peanut butter packaging
03 May 2019
On 1 May 2019 the Federal Court of Australia confirmed Bega Cheese’s right to continue to use the packaging get-up or trade dress associated with the peanut butter products that it acquired as part of its purchase of the Mondelez Grocery Business in 2017. Importantly, this gives Bega Cheese the right to continue to use the current packaging of its Smooth and Crunchy Peanut Butter products.
MORE INFORMATION
See More
Latest Knowledge
Loot Boxes, Surprise Mechanics, and Kinder Eggs - How should loot boxes be regulated?
12 August 2019
Globally, several jurisdictions are in the process of considering, or have already considered, their regulatory regimes in respect of loot boxes and have reached differing views as to the best way to regulate them. In this focus paper, we consider Australian and international regulatory developments with respect to the regulation of loot boxes.
MORE INFORMATION
Employment Law in Australia Overview
05 July 2019
In Australia, employment is primarily regulated by legislation at the Federal level. There are some areas, notably long service leave, which continue to be regulated at the State and Territory level.
MORE INFORMATION
Two big cases involving big name brands, Penfolds and Bega
08 May 2019
When you are strolling the aisles of a supermarket or bottle shop, what makes you instinctively reach for a familiar brand? Why do you choose one company’s product and ignore the other similar-looking products sitting next to them on the shelf? Brand recognition and brand loyalty are central to a product’s profitability.
MORE INFORMATION
Addisons Contractual Interpretation Series - Taking advantage of your own wrong
9/5/2019
This is one of a series of articles in which we consider issues relevant to the interpretation of contracts. In this article we look at the rule of construction arising from the principle that a party to a contract should not be permitted to take advantage of its own wrong.
View Full Focus Paper
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
Addisons helps Bega win battle over peanut butter packaging
03 May 2019
On 1 May 2019 the Federal Court of Australia confirmed Bega Cheese’s right to continue to use the packaging get-up or trade dress associated with the peanut butter products that it acquired as part of its purchase of the Mondelez Grocery Business in 2017. Importantly, this gives Bega Cheese the right to continue to use the current packaging of its Smooth and Crunchy Peanut Butter products.
MORE INFORMATION
See More
Latest Knowledge
Loot Boxes, Surprise Mechanics, and Kinder Eggs - How should loot boxes be regulated?
12 August 2019
Globally, several jurisdictions are in the process of considering, or have already considered, their regulatory regimes in respect of loot boxes and have reached differing views as to the best way to regulate them. In this focus paper, we consider Australian and international regulatory developments with respect to the regulation of loot boxes.
MORE INFORMATION
Employment Law in Australia Overview
05 July 2019
In Australia, employment is primarily regulated by legislation at the Federal level. There are some areas, notably long service leave, which continue to be regulated at the State and Territory level.
MORE INFORMATION
Two big cases involving big name brands, Penfolds and Bega
08 May 2019
When you are strolling the aisles of a supermarket or bottle shop, what makes you instinctively reach for a familiar brand? Why do you choose one company’s product and ignore the other similar-looking products sitting next to them on the shelf? Brand recognition and brand loyalty are central to a product’s profitability.
MORE INFORMATION