David Benson
Clayton Utz
Partner
Perth
Recognised as one of Australia's Best Lawyers in Litigation
– Best Lawyers Australia
Overview
With nearly two decades of experience, David has established a reputation as an extremely versatile dispute resolution lawyer and adviser. He acts for clients across the energy and resources, financial services, automotive, agricultural and information technology industries who call on him to act on matters with significant financial, reputational, or regulatory risk.
David is also the Chair of Clayton Utz's Cyber Security Board and a director of the Clayton Utz Foundation.
Notable Work
- Acted for the Volkswagen Group in five class, and associated regulatory, actions in the Federal Court of Australia in respect of diesel emissions.
- Acted for the Volkswagen Group in the defence of the Takata Airbag class actions brought in the Supreme Court of NSW.
- Acting for an oil and gas services provider in respect of claims of alleged cartel conduct brought by the ACCC in the Federal Court.
- Acting for the senior management of an agricultural company in relation to a cartel investigation being conducted by the ACCC.
- Advising on a dispute for a Congolese commodity trading and mining company concerning the occupation of, and claims over, mining permits in the Democratic Republic of the Congo.
- Acting in significant proceedings for Wyloo Metals in Supreme Court of WA in relation to the validity of a purported mining lease.
- Acting for Canaccord Genuity Financial Limited, one of Australia's premier financial services firms, in relation to long running NSW Supreme Court proceedings.
- Acting for a private equity backed business in international arbitration proceedings relating to the acquisition of an agricultural business.
- Acted for DUG Technology on a highly complex patent infringement dispute concerning the use of offshore seismic data processing technologies.
- Acting for a manufacturer of products for the mining sector in relation to allegations of patent infringement.
- Acted for Yara International in proceedings that arose from its investment in the Burrup ammonia project and, in particular, the litigation brought by the Oswals in the Supreme Court of Victoria.
- Advising Horizon Power on the procurement of a multi-year deal for the capture and analysis of imaging data across their entire expansive network of infrastructure across regional Western Australia.
- Advised on potential and actual data breaches involving the loss or misuse of personal information including remedial actions and reporting implications, as well as engaging on behalf of clients with relevant regulators including the OAIC.
Insights
WA privacy and responsible information sharing laws: Notifiable information breaches scheme
5 Dec 2024 | Article
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WA privacy and responsible information sharing laws: the new Information Privacy Principles
27 Aug 2024 | Article
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OAIC takes legal action against Medibank: a wake-up call to prioritise data protection and privacy
2 Jul 2024 | Article
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First impressions: WA privacy and responsible information-sharing laws
27 May 2024 | Article
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WA privacy and responsible information sharing laws set to be introduced – are you ready?
17 May 2024 | Article
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Australia's foreign bribery regime – are you prepared for the upcoming changes?
10 Apr 2024 | Article
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Australian privacy law reforms 02: how proposed changes to the employee records exemption might impact your organisation
25 Oct 2023 | Article
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Australian privacy law reforms 01: Federal Government sets out the future of privacy law in Australia
4 Oct 2023 | Article
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What is Technology Assisted Review and how should it be used in modern discovery?
24 Jul 2023 | Article
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Australian Privacy Law Reforms: how will expanded individual privacy rights impact your practices and procedures?
30 Jun 2023 | Article
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Attorney-General releases report following two-year review of the Privacy Act
16 Feb 2023 | Article
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A united front – Western Australia proposes to introduce data privacy laws
21 Dec 2022 | Article
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Developments in WA mining law: limits on the Minister's power in granting exploration licences and amendments to the Mining Act 1978
21 Dec 2022 | Article
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Important changes to the Privacy Act, including significantly increased penalties – so start getting ready now
31 Oct 2022 | Article
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Media Release: Clayton Utz acts for Conrad Asia Energy on its successful IPO and ASX listing
27 Oct 2022 | Media Release
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Public and private sectors beware – a powerful National Anti-Corruption Commission is coming
30 Sep 2022 | Article
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Sweeping data privacy reform planned, and first dedicated Minister for Cyber Security appointed
7 Jul 2022 | Article
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Litigation 101 Series: Privacy (transferring personal information internationally)
24 Jun 2022 | Article
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ASIC claims first scalp with "pump and dump" trader pleading guilty to market manipulation
9 Jun 2022 | Article
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Privacy 5 Minute Fix 03: National Data Security Action Plan, COVID-19 tracing
9 Jun 2022 | Article
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Australia's "rolling wave" of Russian sanctions requires ongoing corporate diligence
1 Apr 2022 | Article
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Australia's extensive sanctions response to Russia's invasion of Ukraine: consequences for Australian entities
25 Feb 2022 | Article
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Media Release: Clayton Utz advises Harvest Road on its investment in ProForm Foods
20 Dec 2021 | Media Release
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New WA procurement regulations raise the stakes for government suppliers
25 Nov 2021 | Article
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Binding Online Privacy Code, personal right to sue and more enforcement all proposed by Privacy Act reform process
26 Oct 2021 | Article
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ASIC's new regulatory guidance on breach reporting for AFS and credit licensees commences 1 October
10 Sep 2021 | Article
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Australian Government consultation to protect Australia from digital piracy: are new directors' duties on the horizon?
5 Aug 2021 | Article
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When is a parody or satire also "fair"? Section 41A of the Copyright Act 1968 (Cth) explained
5 Aug 2021 | Article
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Australian privacy law reforms: insights from the OAIC's submissions
23 Dec 2020 | Article
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Media Release: Clayton Utz acts on DUG Technology's oversubscribed IPO and ASX listing
13 Aug 2020 | Media Release
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Media release: Clayton Utz advises Tattarang on its investment in GLX Digital
20 Jul 2020 | Media Release
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Media Release: Clayton Utz advises Tattarang on its investment in Azupay
6 Jul 2020 | Media Release
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Media Release: Clayton Utz advises Eagle View Technologies on strategic sale
20 May 2020 | Media Release
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Media Release: Clayton Utz advising Eagle View Technologies on strategic sale
24 Apr 2020 | Media Release
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Class action litigation funders hit a hurdle as the High Court strikes down common fund orders
4 Dec 2019 | Article
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Less scope, more privacy obligations, for employers relying on the employee records exemption
31 Oct 2019 | Article
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Privacy and information sharing legislation on the horizon for the WA public sector
5 Sep 2019 | Article
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Office of the Australian Information Commissioner's new report on the first year of the Notifiable Data Breaches Scheme
30 May 2019 | Article
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New cross-border privacy rules both increase and ease burden on Australian businesses
16 May 2019 | Article
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Expect tougher penalties for privacy breaches from an OAIC with more funding and more powers
4 Apr 2019 | Article
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Media Release: Legal industry peers rate Clayton Utz highly in the latest Best Lawyers Australia list
29 Mar 2019 | Media Release
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Privacy obligations under the consumer data right regime: what's changing, and what you'll need to consider
7 Mar 2019 | Article
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We have been warned: tighter policing of the Notifiable Data Breaches Scheme in the wake of the Banking Royal Commission
7 Feb 2019 | Article
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Mandatory data breach notification starts today ‒ are you ready?
22 Feb 2018 | Article
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Latest attack highlights need for businesses to be prepared for cyber-attacks
23 Nov 2017 | Article
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Notifiable Data Breaches Scheme: draft guidance materials demonstrate that preparation is paramount
12 Oct 2017 | Article
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Open data and mandatory comprehensive credit reporting on the way for banks and fintech?
9 May 2017 | Article
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Take notice – mandatory data breach notification laws to take effect by 23 February 2018
16 Mar 2017 | Article
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