International Air Transport Association (IATA): Lead partner in advising and acting for IATA in proceedings issued by IATA against Ansett and its administrators in the Supreme Court of Victoria seeking declarations that the relevant Regulations of the IATA Clearing House applied as between IATA and Ansett and that IATA was therefore a creditor of Ansett. The matter went on appeal to the High Court of Australia, with judgment awarded in favour of IATA in February 2008.
Ajax Fasteners: Principal adviser to the administrators (and then liquidators) appointed to car parts manufacturer, Ajax Fasteners. Advised and negotiated a rescue package with the key automotive customers of the business and also negotiated with the first ranking secured creditor (having control over book debts) in relation to agreeing terms for the continued operation of the company during the voluntary administration. The resultant agreements ensured the ongoing employment of approximately 10,000 automotive employees.
Global Machinery Company (GMC Tools): Acting for the receivers appointed to power tool manufacturer GMC in relation to all aspects of the receivership, including issues concerning ongoing trading, employment-related matters, dealings with creditors and the sale of the business.
Nylex: Acting for the administrators appointed to the various companies within the Nylex group, an Australian-based diversified industrial manufacturer and distributor of building, automotive and plastics products.
Confidential matter: Acted for non-executive company directors in the defence of a substantial insolvent trading claim commenced and conducted in the Supreme Court of Victoria by liquidators appointed to a failed telecommunications business. Settlement of the claim was able to be negotiated prior to trial, a process that required accommodating the interests of the defendant directors, the creditors represented by the liquidator, and the litigation funder that was funding the proceeding.
National Express Group: Acted for and provided extensive advice to the Administrators of the National Express Group of companies, being the franchisee companies that previously operated the Bayside Trains, Swanston Trams and V/Line Passenger transport operations. This included extensive advice on the terms of the deed of company arrangement and the resolution of numerous creditor claims.
Confidential client: Acted for a client in a high-profile proceeding commenced by ASIC relating to claims of insolvent trading.
Epic Energy (Dampier to Bunbury National Gas Pipeline): Acted for the lender syndicate in relation to refinancing issues, and then acted for the receivers of the relevant Epic companies leading up to the sale.
Henry Walker Eltin: Acted for and provided detailed advice to a bank group in relation to unsecured debt owed by the Henry Walker Eltin group of companies and a proposed workout prior to the appointment of the administrators.
