David Grace

Risk management / corporate governance

• Advising a large agribusiness corporation on governance issues, specifically on handling of actual or potential conflict of interest issues within the board.
• Advising bodies on the content of resolutions, including special resolutions and rights of voting, as well as advising boards on proper meeting procedures for boards and committees and on the appropriate methods for dealing with minutes of meetings including content and methods of signing.
• Advising extensively on issues of conflict of interest within companies and other bodies, and appropriate means of handling conflicts within the law to minimise the impact of disruptive influences that can arise because of conflict positions.
• Advising specifically in relation to complaint handling for various clients.
• Advising a major transport company in relation to a fatality on site and providing representation in response to subsequent prosecution under the Workplace Health and Safety Act 1995 (Qld). The matter resulted in successful negotiation with the prosecution, including carrying out workplace health and safety compliance review, and working with independent experts to achieve significant cultural change within the higher ranks of the transport company.

Public administration and government law

• Acting for a large agribusiness corporation providing extensive advice on their corporate governance compliance obligations.
• Providing advice on many sensitive issues in FOI matters and particularly the issues involved with exemptions to FOI such as legal professional privilege and ‘Cabinet in Confidence’. Accordingly, he managed many legal matters ensuring that proper decisions were made to full judicial reviews in courts and tribunals. Many of these matters were complex and involved multiple stakeholders
• Advising a Queensland regulatory body in the sporting industry, which was appointed by statute, in relation to a third-party taking action to obtain and review a decision made by our client under the Judicial Review Act 1991 (Qld).

Competition and consumer protection law

• Acting for major Australian public companies involved in trade practice investigations leading to administrative and court resolution and giving of section 87B undertaking and negotiating penalties for approval by court.
• Providing extensive advice on implications of Trade Practices Act 1974 (Cth) (now known as Competition and Consumer Act 2010 (Cth) (CCA)) on commercial activity including the conduct of trade practices audit for a statutory regulatory body.
• Developing and implementing competition law compliance programs for numerous companies, including listed and unlisted public companies and proprietary companies.
• Providing ongoing corporate advisory, intellectual property, competition and consumer, and compliance advice to a major insurance company.
• Acting for a major construction company in relation to a price fixing allegation brought by the Australian Competition and Consumer Commission (ACCC) and for one of the concrete companies allegedly involved in price fixing activities in southeast Queensland, both matters being dealt with in the Federal Court.
• Providing extensive advice on implications of the CCA on commercial activity including the conduct of trade practices review for a statutory regulatory body in the sporting industry.
• Dealing with the ACCC in relation to section 45, 46, 47, 51AC, 52, and 53 contraventions, section 87B undertakings, authorisations, and notices under the former Trade Practices Act 1974 (now the CCA).
• Drafting standard form terms of trade documentation and advising in relation to contractual terms and the CCA.
• Advising clients about their dealings with and representations to the ACCC in relation to third line forcing and other exclusive dealing issues.
• Advising clients in relation to the national competition policy framework and the national competition principles and making representations to state government as to the implications for activities within the states.
• Providing compliance training to persons entering into enforceable undertakings or against whom training orders were made in court proceedings.
• Providing compliance review in respect of unlisted public company in terms of court orders and reporting in relation to conduct and proceedings of company since orders made.
• Assisting in the drafting of agreements in relation to the sale and distribution of products focusing on the protection of the supplier but balanced against the need to meet the obligations of the 2010 Consumer Law amendments for standard contracts.
• Advising corporations in relation to competition and consumer law requirements, including obligations regarding exclusive dealing or other arrangements in conflict with competition law.
• Conducting compliance system and contract reviews in relation to ACCC compliance.
• Advising on a broad range of topics under Part IV of the CCA such as price fixing, retail price maintenance, exclusive dealing and third line forcing and the merger provisions

Mergers and acquisitions

• Acting for a public company in the acquisition of a business for $50 million+ heading a team of 10 lawyers carrying out due diligence in three states, negotiating the contract and heading all matters post contract to effect settlement.