Restructuring & Insolvency

acting for the Ad Hoc Lender Group (including Bain Capital Special Situations, Intermediate Capital Group, Capital Four, Sona Asset Management and Samuel Terry Asset Management) on the restructuring of the Accolade Wines Group. The recapitalisation of the AWG resulted in the Carlyle Group’s exit, and a reduction in total senior interest-bearing debt, involving winery assets and liabilities exceeding £300 million. Also advising on restructuring the Group’s operations in Australia, including the purchase of Pernod Ricard Winemakers’ ANZ wine business.  

acting for McGrathNicol as liquidators (and court-appointed receivers) of the Forum Group, which collapsed following a large-scale fraud exceeding $500 million perpetrated against lenders including Westpac, SMBC and Societe Generale. Advising on claims brought by financiers, with judgment delivered by the Federal Court in 2024, and on complex asset distribution issues involving a range of complex priority claims.  

acting for PwC as court-appointed receivers and managers of the assets and undertaking of Presbyterian Church of Queensland. The appointment involves over 180 properties valued at $200 million, six aged care facilities, two colleges, multiple funds and bequests, and administrative functions for 107 separate congregations. The receivers were directed to investigate and report on PCQ’s assets, liabilities and trusts—some dating back to the 1800s—and have carriage of three Supreme Court proceedings concerning alleged liabilities exceeding $35 million.

acting for the trustee of a series of managed investment schemes in relation to a creditors' scheme of arrangement to settle $130 million of claims against the trustee that followed from the collapse of the iProsperity group. The scheme involved contributions from insurers and a related entity into a scheme fund, with the scheme creditors releasing a series of claims against third parties in exchange for an entitlement to a distribution from that fund.   

acting for McGrathNicol as receivers, managers and liquidators of Brite Advisors Pty Ltd, a global pension and asset management firm. Following a Federal Court winding-up order on just and equitable grounds due to concerns about its financial mismanagement, we are advising on investigations into potential claims against former founders and directors, associates and related entities across multiple jurisdictions.  

acting for Toho Zinc in relation to its joint venture interest in Abra Mining Pty Ltd, operator of the Abra Base Metals Mine in WA. Advising on funding arrangements with Taurus Mining Finance Fund No. 2 L.P., AMPL’s liquidity issues, and Toho’s exposure under a US$110 million facility.  

acting for Ernst & Young as administrators of Western Hospital Pty Ltd. We assisted in securing funding to maintain the operations of Western Hospital, effecting the sale of the hospital's assets to a new hospital operator (under a joint venture), effecting a separate sale of the GP clinic assets, and implementing a deed of company arrangement to meet employee entitlements.  

advising St Baker as senior secured lender and shareholder on its rights in the administration and subsequent liquidation of the Tritium Group, including enforcement and recovery rights across a complex capital structure. The matter resulted in a US$32 million asset sale of Australian and US entities, and a separate solvent sale of assets by solvent subsidiaries in the Netherlands and UK. Also advising on pre-insolvency strategy and potential claims.  

acting for Ernst & Young as receivers and managers of Sunshine Private Pty Ltd, the operator of a private hospital. Advising on all aspects of the receivership, including the ongoing sale of hospital assets.  

acting for NAB in a class action brought on behalf of approximately 1,500 creditors of Walton Constructions Pty Ltd (in liq) and Walton Construction (Qld) Pty Ltd (in liq), alleging misleading or deceptive conduct, unconscionable conduct and equitable fraud. Advising NAB on legal, strategic and reputational issues arising from its defence of the claim, which follows a Senate Inquiry into the companies’ collapse.  

acting for OCP Asia and McGrathNicol as receivers and managers of entities in the Caydon property group, a Melbourne-based developer with projects across Australia and the US. Assisting with trading operations and progressing developments to completion. The receivership involves complex issues and tasks including the finalisation and sale of developments, contractor disputes, tax matters, public examinations, and negotiating bespoke joint venture restructure and financing arrangements.

acting for McGrathNicol as receivers and managers of certain entities in the Xpress Group, and for NAB as appointor. Advising on asset recovery, making Supreme Court applications for declarations regarding asset ownership and the operation of security documents. Also advising on the sale of real property assets, competing equitable interest claims, and claims linked to an invoice finance facility.  

acting for NAB as secured creditor and Deloitte as receivers of Project Co-ordination (Australia) Pty Ltd, a developer of a 45-unit townhouse complex in Canberra, known as 'Project Sierra'. Advising on strategy, legal issues under the Property Developers Act 2024 (Cth), and sale options for the incomplete project. Also assisting with stakeholder negotiations, including a third party (landowner and 25% project interest-holder), voluntary administrators, and presale purchasers of the Project Sierra units.