Kim is an experienced commercial litigator. He advises corporates, banking and financial institutions and professional services firms in Corporations Act and securities litigation, takeovers and transactional disputes, class actions, financial services litigation, contractual disputes, negligence claims and insolvencies.
Kim is also a member of our regulatory investigations team and acts for clients in relation to investigations and enforcement action commenced by regulators such as ASIC and the ATO. He has received independent recognition from Chambers Asia-Pacific for his strategic ability and has also been selected by his peers for inclusion in the editions of Best Lawyers in Australia in the area of litigation for each of the years 2011–2018.
He has deep expertise in the resources sector. He acts for iron ore, oil and gas, coal and energy producers in connection with a range of matters including joint venture, royalty and access disputes and regulatory issues. He has led the court approval process in a number of high profile M&A deals involving schemes of arrangement, including the acquisition of Asciano Limited for $9.05 billion, the acquisition of Recall Holdings Limited by Iron Mountain, Equifax Inc's acquisition of the Veda Group, the merger of Federation Centres and Novion Property Group, the acquisition of Foster's Group by SABMiller, Wesfarmers' acquisition of the Coles Group and News Corporation's scheme to effect 're-incorporation' in the United States.
Kim was a Co-Editor of our Annual Review of Insolvency & Restructuring Law for many years and has acted for insolvency practitioners, auditors, lenders, borrowers and other parties involved in a number of significant corporate collapses, including TEN Network, Forge Group, Griffin Coal, Great Southern, LIFT Capital, Emu Brewery, Westpoint, Firepower, Sons of Gwalia, HIH, One.Tel, Henry Walker Eltin and ION Limited.
Kim's recent matters include acting for:
- Rio Tinto in connection with a number of disputes.
- Banks in a range of financial services disputes and responses to enquiries from ASIC.
- Billabong International Limited in connection with a proposed scheme of arrangement.
- A financial services client in the Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry.
- A respondent to a post-completion adjustments claim brought in connection with the acquisition of a public company.
- Recall Holdings – on the court-approved scheme of arrangement to effect the acquisition of Recall by Iron Mountain.
- Banking syndicates in connection with restructuring and work-outs for borrowers.
- Newcrest Mining in various disputes.
Kim is admitted to practice in New South Wales and Western Australia. He is a member of the AMPLA (the Resources and Energy Law Association) and the Insolvency and Reconstruction Law Committee of the Law Council of Australia.
Areas of Expertise