Jennifer is a recognised leader and expert in restructuring and insolvency, debt recovery and general commercial dispute resolution with nearly 30 years' experience. Her focus on the recent insolvency law reforms ‒ having made many submissions to the Federal Government and regularly presenting on the safe harbour and ipso facto law reforms ‒ positions her to proactively identify and advise on the full spectrum of legal issues in a restructure scenario, including devising any restructuring plan. 

Jennifer regularly advises boards in relation to the financial restructuring or turnaround of distressed companies, and also acts for lenders and creditors to assist them in managing their credit risks. As a recognised expert on directors' duties and shadow directorship, she frequently presents to universities, professional bodies, large corporations and members of the legal profession.

As a commercial litigator, Jennifer's work involves all forms of commercial dispute resolution, including litigation in all court jurisdictions, negotiations and mediation, often at short notice to apply for urgent freezing orders.

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Expertise

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Litigation and Dispute Resolution

  • Banksia Securities Limited: Jennifer is advising Trust Co., on discrete insolvency issues in Supreme Court of Victoria proceedings, as the trustee of Banksia Securities Limited (Receiver and Managers Appointed)(In Liquidation), an unlisted public company involved in raising approximately $663 million from 15,622 investors  by issuing debentures and lending the funds raised to borrowers for property investment and development purposes. It had raised approximately $663 million from 15,622 investors..
  • ABC Learning Centres: Jennifer advised  Morgan Stanley Private Equity Asia in relation to the high-profile recovery action in the Supreme Court of New South Wales against ABC Learning Centres (in liquidation) (receivers and managers appointed) for recovery of damages after investing $70m just prior to the demise of ABC Learning Centres.
  • Prime Retirement and Aged Care Trust: Jennifer advised and acted for the receivers and managers in Supreme Court of Victoria public examinations of directors and other professional advisers who had been appointed to Australian Property Custodian Holdings Limited  as responsible entity for The Prime Retirement and Aged Care Trust. It was Australia's third largest owner of retirement units and aged care beds and had a reported loss of almost $225m.  

See Litigation and Dispute Resolution

Restructuring and Insolvency

  • Oroton Group: Jennifer is advising the voluntary administrators appointed to the Oroton Group on various discrete insolvency issues in the administration of the Oroton Group.
  • Arrium Limited: Jennifer was the lead advisor of a cross disciplinary team to the Board of Arrium Limited on the company's Strategic Review and $1.2 billion recapitalisation and the company's subsequent voluntary administration.
  • Banksia Securities Limited: Jennifer is advising Trust Co., on discrete insolvency issues in Supreme Court of Victoria proceedings, as the trustee of Banksia Securities Limited (Receiver and Managers Appointed)(In Liquidation), an unlisted public company involved in raising approximately $663 million from 15,622 investors  by issuing debentures and lending the funds raised to borrowers for property investment and development purposes. It had raised approximately $663 million from 15,622 investors.
  • Dick Smith: Jennifer is advising a secured creditor/supplier in relation to their interests in the administration/liquidation of the electronic goods chain Dick Smith, which had 390 stores under four brands.
  • Custom Coaches: Jennifer advised the voluntary administrators/liquidators of the Custom Coaches Group, Australia the second largest and most established bus manufacturer with more than 400 employees; annual sales of £55m, and 24% share of the Australian bus market.
  • Vocation Limited: Jennifer advised the company on its successful restructuring of $85 million of debt which stabilised Vocation's finances. This allowed Vocation to commence its turnaround plan whereby Vocation would expand through an organic growth strategy and student enrolments in Vocation's remaining business.
  • Mulsanne Resources: Jennifer advised both the liquidators appointed to Mulsanne Resources Pty Ltd and the unsecured creditor in relation to a high-profile failed share purchase investment and liquidators' public examinations in the Supreme Court of New South Wales.
  • ABC Learning Centres: Jennifer advised Morgan Stanley Private Equity Asia in relation to the high-profile recovery action commenced in the Supreme Court of New South Wales against ABC Learning Centres (in liquidation) (receivers and managers appointed) for recovery of damages after investing $70m just prior to the demise of ABC Learning Centres.
  • Rubicon Asset Management Limited: For over 9 years, Jennifer advised the voluntary administrators then liquidators appointed to Rubicon Asset Management Limited which involved complex commercial real estate investments in the US, Europe and Japan. The total number of investors was over 11,000 and approximately $2.4 billion in investments.
  • HPI Industries Group: Jennifer advised the receivers and managers appointed to the HPI Industries Group (which owed a secured debt of $73.5m), a plastic packaging and steel drum manufacturer that supplies PET bottles and packaging which involved advising on various issues concerning the sale by the receivers of the PET and other plastics manufacturing assets of the HP Group of companies and the steel drum business.
  • Waratah Train Public Private Partnership (PPP) restructure: Jennifer advised and acted with a cross disciplinary team for the NSW Government and its agencies, including RailCorp, in successful negotiations with existing equity investors and financial guarantors which resulted in a financial debt restructure of the Reliance Rail (Waratah Trains) transaction (including debt of $2.4 billion).
  • Brookfield Infrastructure restructure: Jennifer advised  the Board of Brookfield Infrastructure (formerly Prime Infrastructure (formerly Babcock and Brown Infrastructure Limited)) in relation to the WestNet AET&D Holdings $5.1 billion recapitalisation and restructure of Prime's holdings in AET&D and CSC.
  • Prime Retirement and Aged Care Trust: Jennifer advised and acted for the receivers and managers in Supreme Court of Victoria public examinations of directors and other professional advisers who had been appointed to Australian Property Custodian Holdings Limited  as responsible entity for The Prime Retirement and Aged Care Trust. It was Australia's third largest owner of retirement units and aged care beds and had a reported loss of almost $225m.  
  • Hilton Surfers Paradise restructure: Jennifer advised Brookfield Multiplex with a team of specialists on various insolvency issues in connection with the restructure of the acquisition and project finance for the $420m Hilton Surfers Paradise project following the collapse of the Raptis Group. The restructure involved innovative structuring and utilised a pre-pack voluntary administration process.
  • Centro Property Group: Jennifer advised Deutsche Bank, Hong Kong, the holder of convertible notes in Centro Properties Group on their exposure and rights of enforcement. 

See Restructuring and Insolvency

Restructuring

  • Vocation Limited: Jennifer was the lead advisor of a cross disciplinary team to the company on its successful restructuring of $85 million of debt which stabilised Vocation's finances. This allowed Vocation to commence its turnaround plan whereby Vocation would expand through an organic growth strategy and student enrolments in Vocation's remaining business.
  • Arrium Limited: Jennifer was the lead advisor of a cross disciplinary team to the Board of Arrium Limited on the company's Strategic Review and $1.2 billion recapitalisation and the company's subsequent voluntary administration.
  • Waratah Train Public Private Partnership (PPP) restructure: Jennifer advised and acted with a cross disciplinary team for the NSW Government and its agencies, including RailCorp, in successful negotiations with existing equity investors and financial guarantors which resulted in a financial debt restructure of the Reliance Rail (Waratah Trains) transaction (including debt of $2.4 billion).
  • Brookfield Infrastructure restructure: Jennifer advised the Board of Brookfield Infrastructure (formerly Prime Infrastructure (formerly Babcock and Brown Infrastructure Limited)) in relation to the WestNet AET&D Holdings $5.1 billion recapitalisation and restructure of Prime's holdings in AET&D and CSC.
  • Hilton Surfers Paradise restructure: Jennifer advised Brookfield Multiplex with a team of specialists on various insolvency issues in connection with the restructure of the acquisition and project finance for the $420m Hilton Surfers Paradise project following the collapse of the Raptis Group. The restructure involved innovative structuring and utilised a pre-pack voluntary administration process.

See Restructuring

Insolvency

  • Oroton Group: Jennifer is advising the voluntary administrators appointed to the Oroton Group on various discrete insolvency issues in the administration of the Oroton Group.
  • Arrium Limited: Jennifer was the lead advisor of a cross disciplinary team to the Board of Arrium Limited on the company's Strategic Review and $1.2 billion recapitalisation and the company's subsequent voluntary administration.
  • Banksia Securities Limited: Jennifer is advising Trust Co., on discrete insolvency issues in Supreme Court of Victoria proceedings, as the trustee of Banksia Securities Limited (Receiver and Managers Appointed)(In Liquidation), an unlisted public company involved in raising approximately $663 million from 15,622 investors  by issuing debentures and lending the funds raised to borrowers for property investment and development purposes. It had raised approximately $663 million from 15,622 investors.
  • Dick Smith: Jennifer is advising a secured creditor/supplier in relation to their interests in the administration/liquidation of the electronic goods chain Dick Smith, which had 390 stores under four brands.
  • Custom Coaches: Jennifer advised the voluntary administrators/liquidators of the Custom Coaches Group, Australia the second largest and most established bus manufacturer with more than 400 employees; annual sales of £55m, and 24% share of the Australian bus market.
  • Mulsanne Resources: Jennifer advised both the liquidators appointed to Mulsanne Resources Pty Ltd and the unsecured creditor in relation to a high-profile failed share purchase investment and liquidators' public examinations in the Supreme Court of New South Wales.
  • ABC Learning Centres: Jennifer advised Morgan Stanley Private Equity Asia in relation to the high-profile recovery action commenced in the Supreme Court of New South Wales against ABC Learning Centres (in liquidation) (receivers and managers appointed) for recovery of damages after investing $70m just prior to the demise of ABC Learning Centres.
  • Rubicon Asset Management Limited: For over 9 years, Jennifer advised the voluntary administrators then liquidators appointed to Rubicon Asset Management Limited which involved complex commercial real estate investments in the US, Europe and Japan. The total number of investors was over 11,000 and approximately $2.4 billion in investments.
  • HPI Industries Group: Jennifer advised the receivers and managers appointed to the HPI Industries Group (which owed a secured debt of $73.5m), a plastic packaging and steel drum manufacturer that supplies PET bottles and packaging which involved advising on various issues concerning the sale by the receivers of the PET and other plastics manufacturing assets of the HP Group of companies and the steel drum business.
  • Prime Retirement and Aged Care Trust: Jennifer advised and acted for the receivers and managers in Supreme Court of Victoria public examinations of directors and other professional advisers who had been appointed to Australian Property Custodian Holdings Limited  as responsible entity for The Prime Retirement and Aged Care Trust. It was Australia's third largest owner of retirement units and aged care beds and had a reported loss of almost $225m.
  • Hilton Surfers Paradise restructure: Jennifer advised Brookfield Multiplex with a team of specialists on various insolvency issues in connection with the restructure of the acquisition and project finance for the $420m Hilton Surfers Paradise project following the collapse of the Raptis Group. The restructure involved innovative structuring and utilised a pre-pack voluntary administration process. 

See Insolvency

Knowledge

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