About Przemek Kucharski
Przemek specialises in corporate restructuring and insolvency and commercial litigation and dispute resolution.
Since joining Allens in 2004, Przemek has built up a wide-ranging practice involving both contentious and non-contentious matters.
In the restructuring and insolvency area, Przemek's experience includes advising:
- former directors of the Dick Smith group – concerning public examinations and claims for alleged breaches of directors' duties brought by the group's receivers.
- the receivers of the Forge group – in bringing and defending court claims in Australia, the US and the UK relating to the vesting of property under the Personal Properties Securities Act 2009 (Cth).
- the receivers of the Intergen group – regarding their appointment over half of a joint venture interest in a power plant in Queensland.
- the receivers and managers of the BrisConnections motorway group, the RiverCity Motorway group and the Lane Cove Tunnel group – three of the largest and most significant receiverships of public-private partnership infrastructure projects in recent Australian corporate history.
- Westpac Banking Corporation – in relation to the workout or enforcement of various loans provided to distressed borrowers in a number of market sectors, including property development, pubs & clubs, resources and retail.
- the secured creditors of the Alinta Finance Australia group – as part of the group's 'loan to own' refinancing, one of the most complex restructures in Australia in recent years.
Przemek undertook a commercial role as part of a six month secondment with the Asset Structuring Group at Westpac Banking Corporation in 2011, giving him first-hand experience of the imperatives driving lenders in dealing with distressed borrowers both in secured and unsecured transactions.
On the commercial litigation and dispute resolution front, Przemek's experience spans a number of jurisdictions. He has been involved in administrative reviews, arbitrations and court proceedings relating to contractual disputes, deceptive conduct claims, freedom of information, energy resource pricing, insolvency, real property and reinsurance. In particular, Przemek has many years' experience acting for taxpayers in the context of disputes with revenue agencies (including in respect of transfer pricing, stamp duty, land rich duty and land tax) and has advised:
- a leading medical devices manufacturer – in relation to an ongoing audit of its tax affairs by the ATO. The audit raises complex transfer pricing issues as pertaining to IP license royalties obtained via Singapore, the operation of the Part IVA anti-avoidance regime and the interaction of Australian tax laws with The Singapore-Australia Double Tax Treaty.
- the receivers of the Forge group – in considering potential GST and CGT liabilities related to the vesting of property under the Personal Properties Securities Act 2009 (Cth). The proceeds potentially subject to tax were won for the client following litigation in Australia, the UK and the US (California, Florida, New York and Texas).
- a major international, multi-brand consumer health client – as part of a continuing audit by the ATO into the restructure of its Australian operations. The matter involves the 'substance' for transfer pricing purposes of new operations set up in Singapore and also gives rise to Part IVA anti-avoidance issues. Przemek led a team that formulated and implemented innovative, bespoke solutions utilising the latest technology to efficiently filter and review tens of thousands of documents in response to requests for information issued by the ATO.
- a major Australian bank – regarding the constitutional validity of the Major Bank Levy Act 2017 (Cth).
Przemek has a keen interest in the way the law is developing to meet challenges posed by emerging technologies. He completed his Masters of Law in 2009.