image of Jonathon McRostieJonathon McRostie

Clayton Utz Special Counsel , Melbourne T +61 3 9286 6383 +61 434 156 785

Jonathon specialises in complex litigious insolvency matters, regularly acting in all jurisdictions and across all courts in Victoria and Australia.

He acts for a mixture of stakeholders in insolvency and distressed debt situations, including insolvency practitioners (receivers, administrators and liquidators), in-house counsel, directors and company officers, government departments, lawyers, financiers and shareholders.

Jonathon has worked on a broad spectrum of commercial litigation matters, acting for a diverse range of ASX-listed and SME entities, individuals, banks, universities, major telecommunications providers and State and Australian Commonwealth Government departments.

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Restructuring and Insolvency

Administrators and liquidators

Jeanswest Corporation Pty Ltd: Jonathon advised the voluntary administrators (KPMG), and then subsequently liquidators, of the national retailer Jeanswest in relation to its ongoing trading and general administration issues with suppliers, lessors and major counterparties and the ultimate sale of approximately 100 stores and closure of remaining stores.

Dixon Advisory & Superannuation Services Pty Ltd: Jonathon is advising the voluntary administrators (PwC) of Dixon Advisory on a range of issues related to the administration of the company, including communications with regulators and ongoing trading of the company.

CME Capital Australia Pty Ltd: Jonathon advised liquidators (FTI Consulting) appointed by the Australian Securities and Investments Commissions to a failed group of companies (CME Group) that conducted a non-compliant managed investment scheme to procure funds from investors totalling A$13.5m, including various applications in the Federal Court of Australia.

Virgin Airlines: Jonathon advised voluntary administrators (Deloitte) of Virgin Airlines on cross-border insolvency proceedings in Japan.

Freelance Global: Jonathon acted for Cor Cordis as liquidators of Freelance Global and related entities in Supreme Court of Victoria voidable transactions proceedings against the Commissioner of Taxation, resulting in a settlement of the claims.


Westpac: Jonathon advised Westpac in relation to its role as major secured creditor of Sargon Group, ongoing advice in relation to the impacts of the various administrations and receivership appointments and the continued trading of the Sargon group.

Dalstonville: Jonathon acted for liquidators (Cor Cordis) in relation to all aspects of the liquidation of the companies, including public examinations conducted by the liquidators.

Myer: Jonathon is acting for Myer in successful defence of unfair preference claim issued in the Supreme Court of Victoria by the liquidators of supplier.

Confidential matters: Jonathon has advised the Australian Commonwealth Government in various matters on corporate insolvencies and the Government’s rights as a creditor.

Commonwealth Bank: Jonathon is acting for Commonwealth Bank in relation to various security enforcement matters.

Confidential matter: Jonathon is advising government department in relation to contentious insolvency issues arising out of contaminated land and property disclaimed by liquidator.

Adidas: Jonathon advises Adidas in various contractual and securities enforcement matters.

See Restructuring and Insolvency

Litigation and Dispute Resolution

Optus: Jonathon is advising in connection with a claim issued against it in the Supreme Court of Victoria seeking over A$100 million in damages.

Saputo Dairy Australia: Jonathon acted for a subsidiary of Saputo in Supreme Court of Victoria proceedings commenced by Saputo regarding compensation against occupier of land under the Environment Protection Act 1970 (Vic).

Tertiary institutions: Jonathon is advising various universities in relation to obligations under the

  • Foreign Influence Transparency Scheme Act 2018 (Cth);
  • Independent Broad-based Anti-Corruption Act 2011 (Vic);
  • Tertiary Education Quality and Standards Agency Act 2011 (Cth); and other whistle-blower protection legislation.

Confidential matter: Jonathon acted for international relocation service provider in a dispute with former commercial parties.

Murray River Organics: Jonathon acted for Murray River Organics in in Federal Court proceedings seeking regulatory relief pursuant to the Corporations Act 2001 (Cth).

See Litigation and Dispute Resolution


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