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David Smith

Partner, Melbourne
P 03 9252 2563

Area of expertise

  • Competition and consumer
  • Corporate Risk
  • Compliance
  • Corporate advisory
  • Intellectual property
  • Product Risk
  • Technology strategy and implementation
  • Energy and resources
  • Regulation
  • Life sciences

David is a Partner in the Intellectual Property and Technology Team at Gadens in Melbourne. He works with clients on a range of commercial intellectual property matters and has built up a strong trade promotions and marketing law practice.


David has broad experience in intellectual property and technology law. He has a particular focus on:


  • Consumer law (misleading conduct; consumer warranties; product safety; unfair terms).

  • Information technology and telecommunications (software and hardware procurement; services agreements; regulatory issues; corporate governance; software licensing).

  • Intellectual property (IP licensing; sale of IP assets; due diligence; infringement and 'freedom to operate' advice; confidentiality agreements; copyright advice; trade mark filings).

  • Marketing, media and consumer goods (social media; spam law; advertising standards and clearances; trade promotions; loyalty programs; charitable fundraising; food labelling).

  • Privacy law (compliance audits; risk management for offshoring of data; avoiding and responding to data breaches; privacy complaints; privacy contractual disputes).


His clients include many of Australia's leading blue chip companies and government and regulatory bodies. He is regularly called upon to write articles and present at seminars and conferences.


David has been recognised as a 'Best Lawyer' by Best Lawyers since 2014.  He is currently listed as a 'Best Lawyer' for Intellectual property law, Information technology law and Privacy and data security law.  He is recommended by Doyle’s Guide as a Leading Commercialisation & IP Transactions Lawyer.

His professional affiliations include membership of the Australian Institute of Company Directors (AICD), Intellectual Property Society of Australia and New Zealand (IPSANZ) and the International Association of Privacy Professionals. David is a director of ASX-listed Environmental Clean Technologies Ltd and is Vice President of the Bicycle Network, Australia’s representative body for transport and recreational cycling.