Alistair Fleming

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Restructuring and Insolvency

Restructuring

• Virgin Airlines Administration: Acted for the voluntary administrators of Virgin Airlines in the largest national restructuring matter in recent times, involving the sale of the Australian business to Bain Capital for A$3.5b.
• Arrium/One Steel: Acted for the administrators on the restructure of the Australian mining operations with debts of A$2.8b involving the sale to GFG Alliance of the mining and steel businesses, including Australia’s leading steel manufacturer and distributor, OneSteel.
• Skyfame Group Restructure: Advised the holders of secured convertible bonds (US$200 million) in the Skyfame Group, a major Chinese property developer and investment group, in relation to the restructuring of debt obligations under the bonds involving asset sales in China.
• Metalform Group Restructure: Advised a group of hedge funds in relation to the purchase of debt from a syndicated lender group (US$120 million), and the subsequent cross-border restructuring (Hong Kong, Singapore, China, Thailand and Mauritius) involving asset sales, debt for equity swaps and investment exit.
• Altura Mining: Acted for the Receivers of lithium miner, Altura, in a bond restructure involving the sale of Altura’s Pilgangoora lithium project in Western Australia to Pilbara Minerals for A$175m.
• Berrington Aged Care: Acted for the Department of Health (Cth) in relation to the leading corporate restructure in the aged care sector, involving a sale and transfer of an aged care business through a voluntary administration process involving part activation of the Government guarantee scheme.
• Alita Mining: Acted for the deed administrators of lithium miner, Alita Mining, in relation to the restructure of the secured debt and sale of the Bald Hill Lithium and Tantalum Mine in Western Australia.
• Tiger Resources Limited: Acts for the Teichmann Group on the restructure of copper miner, Tiger Resources Limited, with mining operations in the Democratic Republic of the Congo.
• Sons of Gwalia: Acted for the investor group (US$400m) in the purchase of assets and the restructuring of the Sons of Gwalia Group, a major Western Australian gold and tantalum producer, which collapsed with $800m in debt.

Insolvency

• Virgin Airlines Administration: Acted for the voluntary administrators of Virgin Airlines in the largest national insolvency in recent times, advising on critical ongoing operational matters (flights, maintenance/repair and airport usage), the dispute portfolio, and domestic and international security/priority disputes.
• Arrium/One Steel: Acted for the administrators in relation to the trade on mining operations of Arrium/One Steel at Whyalla in South Australia,
• Forge Group: Acted for the receivers and managers of the Forge group of companies, a major mining services operator in relation to the collapse of the business and major contractual disputes.
• Lehman Brothers (Asia): Acted for the liquidators of the Asian portfolio of the Lehman Brothers group, including advising on complex claims and recoveries through Asia and Europe.
• Pindan Group: Acted for the voluntary administrators and liquidators of large national construction group, Pindan Group, advising in relation to significant and complex litigation and claims.
• Rewards and Ark Group: Advised the secured creditor and its receivers on the collapse of the Rewards and Ark Group (A$300m), one of the largest timber and horticultural managed investment schemes in Australia.
• Connemara: Advised the secured creditor and its receivers on the sale of one of the largest wheat and canola operations in Western Australia.

See Restructuring and Insolvency

Litigation and Dispute Resolution

• Commonwealth Bank of Australia and Bank West: Acted for both CBA and Bankwest in relation to the Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry, including advising and assisting in relation to investigations into business banking, compliance matters and in the preparation for hearings.
• Forge: Acted for the receivers and managers of the Forge group of companies in high profile proceedings in the Supreme Court of Western Australia against Hamersley Iron, which is leading Australian law on the nature of insolvency set-off and PPSA security interests (see Hamersley Iron Pty Ltd v Forge Group Power Pty Ltd (In Liquidation) (Receivers and Managers Appointed) [2017] WASC 152).
• Bell Litigation: Acted for the Law Debenture Trust Corporation plc in litigation relating to the distribution of $1.75b of settlement proceedings, Australia’s longest running insolvency litigation, relating to the collapse of Allan Bond's Bell Group.
• Killarnee: Acted for Westpac in the Full Court of the Federal Court proceeding, which is leading law in Australia in relation to the priority of distributions in a corporate trustee liquidation (see Jones (Liquidator) v Matrix Partners Pty Ltd, in the matter of Killarnee Civil & Concrete Contractors Pty Ltd (in liq) [2018] FCAFC 40).
• Port Village: Acted for the liquidators of Port Village Accommodation, in a lead decision in the Western Australian Court of Appeal in relation to voidable transaction defences and scope for recovery from third parties (see White & Templeton v ACN 153 152 731 Pty Ltd (in liq) & Anor [2018] WASCA 119).
• Gracetown Cliff Collapse: Acted for the Shire of Augusta Margaret River in relation to the litigation arising from one of Western Australia's worst natural disasters, relating the fatal cliff collapse at Cowaramup Bay, Gracetown.

See Litigation and Dispute Resolution