Practice Expertise

  • Litigation and disputes
  • Reconstruction
  • Education
  •  

Areas of Practice

  • Education
  • Litigation and disputes
  • Reconstruction
  •  

Profile

My client base includes financial institutions, lenders, creditors, insolvency practitioners, corporations and regulators. I am described by my clients as ‘a tenacious and knowledgeable litigator’ (The Legal 500 Asia Pacific).

My practice spans workouts and reorganisations; secured and unsecured recoveries; commercial, corporate and contractual disputes; regulatory investigations and civil penalty prosecutions (including by the Australian Securities and Investments Commission); as well as matters involving the Corporations Act 2001 (Cth). I have appeared before the High Court of Australia, Federal Court of Australia and various state courts, as well as in administrative tribunals and alternative dispute resolution settings.

Career highlights

  • Westpac Banking Corporation v Forum Finance Pty Limited (in liquidation) (and others): Acting for Westpac in connection with a very significant fraud and subsequent recovery actions. Involving complex questions of fraud and tracing.
  • Australian Securities and Investments Commission v Nuix Ltd: Solicitor for ASIC in connection with its civil penalty proceedings against Nuix Ltd & its directors.
  • Australian Institute of Professional Education: – Advising the liquidators of the Australian Institute of Professional Education Pty Ltd (in liquidation), one of Australia’s largest vocational education and training colleges, which involved complex proceedings commenced by the Australian Competition and Consumer Commission.
  • Ramsay Health Care: Successfully obtained a judgment for the client in connection with a significant and protracted commercial dispute, including appeals to the High Court, as well as various Federal Court, Full Court and NSW Supreme Court proceedings.
  • Westpac Life Insurance Services Ltd v RGA Reinsurance Company of Australia Ltd: Acting for and advising WLIS in connection with a preliminary discovery dispute.
  • Oppression action: Acting for a shareholder of a large privately held Australian company in connection with allegations of oppressive action by other shareholders.
  • Bill Express Limited: Acted for Optus Mobile, Prepaid Services Pty Ltd and Virgin Mobile in relation to a claim by the liquidators of Bill Express Limited (in liquidation).
  • Channel Ten receivership: Acted for the receivers and managers appointed to the Channel Ten group, advising on all aspects of the receivership including a sale of the group's assets.
  • Virgin Australia Airlines administration: Acting for and advising various creditors, including large airline lessors, in respect of the collapse of Virgin.
  • Actively contribute to the legal community as a member of the Australian Restructuring Insolvency & Turnaround Association and the Turnaround Management Association of Australia.

Education
LLB (HONS) (UNIVERSITY OF TECHNOLOGY, SYDNEY, 2000); BBUS (UNIVERSITY OF TECHNOLOGY, SYDNEY, 2000)

Areas of Practice

  • Education
  • Litigation and disputes
  • Reconstruction

Professional Career

Professional Associations
  • ARITA, TMA


Articles

  • High Court endorses shareholders' ability to examine former directors

    In Walton v Arrium the wider interpretation of section 596A may provide class action plaintiff law firms and funders with a further 'tool in their toolbelt' in exploring the viability and substance of future claims.

  • A director's guide to Australia's insolvency and safe harbour laws

    What steps should directors take when dealing with challenges to their company's solvency? We provide a high-level guide to the legal framework, looking at directors' general duties in an insolvency context and how the safe harbour defence to insolvent trading applies.

  • New year insolvency issues for the private education sector

    Some private providers may face pressure in coming months, now that the temporary changes to insolvent trading laws and the statutory demand regime have come to an end. This may particularly be the case if challenges to the international student regime continue.

  • Negotiating a settlement of a dispute
  • Can an insolvent contractor still serve or rely on a payment claim? 

    A recent decision of the NSW Supreme Court examines whether a 'hopelessly insolvent' subcontractor that executes a holding DOCA can enforce payment claims served on a head contractor under the NSW security of payment legislation.

     

  • Parliamentary Inquiry recommends comprehensive insolvency review

    The Parliamentary Joint Committee on Corporations and Financial Services inquiry into corporate insolvency in Australia tabled its final report to the Australian Parliament on 12 July 2023.

  • Whose property is it now? Landlords, liquidators and abandoned premises

    A tenant abandons the premises, their property and equipment. What rights do landlord's have when a liquidator is appointed and disclaims the lease?

     

  • New retrospective powers to curb VET providers' inappropriate conduct
    Retrospective amendments to the Higher Education Support Act 2003 (Cth) have been introduced, allowing the Secretary of the Department of Education to re-credit a person's VET FEE-HELP debt incurred as a result of 'inappropriate conduct' by a VET provider or agents prior to 1 January 2016.

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