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Alistair Fleming practises in commercial litigation and dispute resolution, with specialist skills and expertise in restructuring and insolvency including in relation to the PPSA, the Director Safe Harbour and Ipso facto legislative regimes.  He also has specialist regulatory skills and expertise, having acted for the Commonwealth Bank of Australia and Bank West in the Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry.

Companies, financiers/funders, investors, external administrators and creditors come to him for advice in situations of corporate and financial dispute, risk and crisis including in industry sectors such as financial services, energy and resources, oil and gas, construction, health, property, telecommunications and agriculture.

Alistair is current Chair of the Western Australian Turnaround Management Association Committee.

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Expertise

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Restructuring and Insolvency

Restructuring

  • Arrium/One Steel: Alistair advised the administrators on the restructure of the Australian mining operations, including key stakeholder management, renegotiation of contractor arrangements, and in securing government funding and critical equipment for the mining operations in Whyalla.
  • Sons of Gwalia: Alistair advised the investor group (US$400m) in the purchase of assets and the restructuring of the Sons of Gwalia Group.
  • Monarch Group: Alistair advised the deed administrators in the restructuring and recapitalisation of the Monarch Group of gold mining, processing and distribution companies. 
  • International assignments: Alistair has acted for and advised international bondholder and investor groups in restructuring projects throughout Asia (Skyfame Group (China) – US$200m; and Metalform Group – US$120m private equity placement and exit), lenders and investors in relation to Lehman Brothers (Asia) and also international corporate and security trustees on risk and enforcement matters.

Insolvency

See Restructuring and Insolvency

Litigation and Dispute Resolution

See Litigation and Dispute Resolution

Debt Trading and Special Situation Investing

  • Metalform Group: Alistair advised the syndicated lender group (US$120 million) in relation to a cross-border restructuring (Hong Kong, Singapore, China, Thailand and Mauritius) involving asset sales, debt for equity swaps and a pre-pack sale.
  • Skyfame Realty (Holdings) Limited: Alistair advised the holders of secured convertible bonds (US$200 million) in relation to the restructuring of debt obligations under the bonds involving asset sales in China.
  • Lehman Brothers (Asia): Alistair advised various institutional lenders and Asian funds in relation to complex claims and investment in the liquidation of various Asian Lehman Brothers' entities.
  • Monarch Group: Alistair advised the deed administrators in the restructuring and recapitalisation of the Monarch Group of gold mining, processing and distribution companies.

See Debt Trading and Special Situation Investing

Knowledge

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