Monday, 1 May 2017

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 Knowledge
Fundraising- recent developments
21 April 2017
This paper looks at some recent reports published by the ASIC touching on fundraising issues, changes to the ASX Listing Rules and some waiver requests concerning fundraising which have recently been declined by the ASX.
MORE INFORMATION
Gambling Law & Regulation Newsletter January 2017
23 December 2016
Welcome to the January 2017 Addisons’ Gambling Law & Regulation Newsletter.
MORE INFORMATION
Poor Relationships with Colleagues Leads to Dismissal
03 September 2015
BRR Media interview with Martin O'Connor, Partner on Thursday 3 September 2015 at 4:00pm.
MORE INFORMATION

My work for clients falls under the headings of:

 

  • Corporate/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 Knowledge
Fundraising- recent developments
21 April 2017
This paper looks at some recent reports published by the ASIC touching on fundraising issues, changes to the ASX Listing Rules and some waiver requests concerning fundraising which have recently been declined by the ASX.
MORE INFORMATION
Gambling Law & Regulation Newsletter January 2017
23 December 2016
Welcome to the January 2017 Addisons’ Gambling Law & Regulation Newsletter.
MORE INFORMATION
Poor Relationships with Colleagues Leads to Dismissal
03 September 2015
BRR Media interview with Martin O'Connor, Partner on Thursday 3 September 2015 at 4:00pm.
MORE INFORMATION
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.
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 Knowledge
Fundraising- recent developments
21 April 2017
This paper looks at some recent reports published by the ASIC touching on fundraising issues, changes to the ASX Listing Rules and some waiver requests concerning fundraising which have recently been declined by the ASX.
MORE INFORMATION
Gambling Law & Regulation Newsletter January 2017
23 December 2016
Welcome to the January 2017 Addisons’ Gambling Law & Regulation Newsletter.
MORE INFORMATION
Poor Relationships with Colleagues Leads to Dismissal
03 September 2015
BRR Media interview with Martin O'Connor, Partner on Thursday 3 September 2015 at 4:00pm.
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
Addisons Contractual Interpretation Series - The Statutory Contract
12/2/2013
In a previous series of articles we looked at the judicial interpretation of common contractual provisions. This article moves on to the consideration of a particular type of contract, namely the constitution of a company, and reviews the approach adopted by courts to the interpretation and enforcement of the so-called statutory contract.
View Full Focus Paper
Addisons Contractual Interpretation Series – Entire Agreement Clauses – Entirely Reliable?
18/10/2012
This is one of a series of articles in which we review the judicial interpretation of some words and phrases that are commonly used in contracts. In this article we look at “entire agreement clauses”.
View Full Focus Paper
Addisons Contractual Interpretation Series - Implied Duty of Good Faith
11/10/2012
In an earlier article, we looked at the meaning and usage in commercial contracts of an express obligation to “negotiate in good faith”. This article examines a different aspect of the law on good faith, namely, when a requirement of good faith will be implied into a contract. We also identify the kind of obligations that good faith imposes on contracting parties, and consider whether you can expressly exclude these obligations from your contract.
View Full Focus Paper
Addisons Contractual Interpretation Series - “Best Endeavours”
27/4/2012
This is one of a series of articles in which we review the judicial interpretation of some words and phrases that are commonly used in contracts. In this article we look at the meaning of the phrase “best endeavours”.
View Full Focus Paper
Addisons Contractual Interpretation Series - “Material Breach”
20/4/2012
This is one of a series of articles in which we have reviewed the judicial interpretation of some words and phrases that are commonly used in contracts. In this article we look at the meaning of the phrase “material breach”.
View Full Focus Paper
Addisons Contractual Interpretation Series - Obligation to “Negotiate in Good Faith”
26/3/2012
This is one of a series of articles in which we review the judicial interpretation of some words and phrases that are commonly used in contracts. In this article we look at the meaning of the phrase “negotiate in good faith”.
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 Knowledge
Fundraising- recent developments
21 April 2017
This paper looks at some recent reports published by the ASIC touching on fundraising issues, changes to the ASX Listing Rules and some waiver requests concerning fundraising which have recently been declined by the ASX.
MORE INFORMATION
Gambling Law & Regulation Newsletter January 2017
23 December 2016
Welcome to the January 2017 Addisons’ Gambling Law & Regulation Newsletter.
MORE INFORMATION
Poor Relationships with Colleagues Leads to Dismissal
03 September 2015
BRR Media interview with Martin O'Connor, Partner on Thursday 3 September 2015 at 4:00pm.
MORE INFORMATION