Kim is an experienced commercial litigator. He advises corporates, banks and other financial institutions, restructuring practitioners and professional services firms in relation to Corporations Act and securities litigation, takeovers and transactional disputes, financial services litigation, 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 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 2011–2016.
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 proposed acquisition of Asciano Limited, 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 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:
- A consortium comprising GIP, CPPIB, GIC and bcIMC on the Court approval process for the proposed acquisition of Asciano Limited for $9.05 billion by way of a scheme of arrangement.
- Rio Tinto in connection with a number of disputes.
- Banks in a range of financial services disputes and responses to enquiries from ASIC.
- 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.
- Federation Centres in the scheme of arrangement to effect its merger with real estate investment trust Novion Property Group.
- KUFPEC in multi-party litigation arising out of the Varanus Island gas explosion.
- Banks, receivers and administrators in connection with enforcement action and restructuring proposals.
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.
He has been trained formally in Legal Project Management, most recently attending a full-day LPM workshop delivered by US legal project management expert Susan Raridon Lambreth. Kim's LPM expertise drives efficient legal and business outcomes for his clients.
Areas of Expertise
Recent News & Publications
- Focus - 21 February 2017
- Unravelled: Are super funds and managed investment schemes the next frontier for shareholders with activist agendas?7 October 2016