Alistair Fleming practises in corporate restructuring and insolvency, commercial litigation and dispute resolution.  He also has specialist expertise in PPSA disputes, and is a thought leader on the director 'safe harbour' and 'ipso facto' legislative regime.

Companies, financiers, external administrators, creditors, investors and restructuring and turnaround professionals come to him for advice in situations of corporate crisis and financial distress including in industry sectors such as mining and resources, oil and gas, construction, property, financial markets, communications and agriculture.

Alistair is current Chair of the Western Australian Turnaround Management Association Committee. He is also an accredited corporate turnaround specialist.

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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

Forge: Alistair acts for the receivers and managers of the Forge group of companies, including in high profile proceedings in the Supreme Court of Western Australia against Hamersley Iron, which is directing Australian law on the nature of insolvency set-off and the nature of a PPSA security interest (see Hamersley Iron Pty Ltd v Forge Group Power Pty Ltd (In Liquidation) (Receivers and Managers Appointed) [2017] WASC 152).

Killarnee: Alistair successfully 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: Alistair successfully 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).

Rewards and Ark Group: Alistair 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: Alistair 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

Forge: Alistair acts for the receivers and managers of the Forge group of companies, including in high profile proceedings in the Supreme Court of Western Australia against Hamersley Iron, which is directing Australian law on the nature of insolvency set-off and the nature of a PPSA security interest (see Hamersley Iron Pty Ltd v Forge Group Power Pty Ltd (In Liquidation) (Receivers and Managers Appointed) [2017] WASC 152).

Killarnee: Alistair successfully 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: Alistair successfully 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).  

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

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