Sally Stitz has significant experience in commercial litigation and dispute resolution, particularly for clients in the banking, financial services and insurance sectors.

Sally has a particular specialty in conducting and managing complex litigation. Her experience includes commercial litigation and dispute resolution, class actions and group litigation, insolvency and contentious regulatory investigations.

Sally has acted for leading retail and investment banks, major corporations, administrators, liquidators and government owned corporations in a broad range of contentious matters both in Australia and London.

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Expertise

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Litigation and Dispute Resolution

Sally is an experienced litigator. She has advised leading financial institutions in Australia and London in relation to a comprehensive range of contentious matters. She is also an experienced commercial litigator, acting for corporate clients across a broad range of industries.

Banking and financial services litigation

Sally has significant experience of banking litigation matters, including:

Acting for an international retail bank in the Bank Charges Test Case and related regulatory investigation in London, involving litigation between eight major retail financial institutions and their regulators to determine whether terms providing for unarranged overdraft charges constituted penalties or unfair terms.

Advising Australia's leading retail banks on a broad range of banking litigation and secured recovery matters, including contentious enforcement of bank securities, proceedings for possession of secured property, recoveries against guarantors, caveats, recoveries of mistaken payments, cheque cases and restitution.

Acting for investment banks and other financial institutions in litigious and contentious regulatory matters involving, for example, collateralised debt obligations and other debt securities, rogue trading incidents and actions for recovery of foreign tax credits.

Advising the UK subsidiary of an international financial services provider on enforcement action undertaken by the Financial Services Authority in London regarding its mortgage lending practice.

Class actions / Group litigation
Sally's class action and group litigation experience includes acting for Swiss and UK insurance companies in the multi-party TAG Group Litigation in London, which involved suing over 600 solicitors for negligence and breach of contract in relation to the conduct of over 7,000 individual matters.

Commercial litigation

Sally has acted for numerous corporate clients and government owned corporations on a diverse range of issues across multiple industries, including in relation to share sale disputes, directors' duties, members' remedies, restraints of trade, negligent valuations, asset sale agreements, prospectus and offering document liabilities, fraud, lease and licence disputes and stock lending issues.

See Litigation and Dispute Resolution

Restructuring and Insolvency

Sally's insolvency experience includes:

Prosecuting and defending claims for voidable transactions, breach of directors' duties due to alleged insolvent trading and alleged sales at undervalue.

Advising the liquidators of the Australian subsidiary of an international investment bank on the insurance-related aspects of the winding up, involving litigation with a large number of Australian investors regarding collateralised debt obligations and a private dispute resolution process.

Acting for a major investment bank in London in insolvency litigation arising from the collapse of the Parmalat Group including successfully settling multiple claims by the Italian Extraordinary Administrator, dealing with Italian criminal insolvency-related proceedings and facilitating the potential settlement of claims by tens of thousands of investors in Parmalat bonds and shares.

Acting for insolvency practitioners in urgent and contentious circumstances, including obtaining orders appointing administrators to the UK subsidiaries of major Icelandic banks.

See Restructuring and Insolvency

Restructuring

Sally's insolvency experience includes:

Prosecuting and defending claims for voidable transactions, breach of directors' duties due to alleged insolvent trading and alleged sales at undervalue.

Advising the liquidators of the Australian subsidiary of an international investment bank on the insurance-related aspects of the winding up, involving litigation with a large number of Australian investors regarding collateralised debt obligations and a private dispute resolution process.

Acting for a major investment bank in London in insolvency litigation arising from the collapse of the Parmalat Group including successfully settling multiple claims by the Italian Extraordinary Administrator, dealing with Italian criminal insolvency related proceedings and facilitating the potential settlement of claims by tens of thousands of investors in Parmalat bonds and shares.

Acting for insolvency practitioners in urgent and contentious circumstances, including obtaining orders appointing administrators to the UK subsidiaries of major Icelandic banks.

See Restructuring

Insolvency

Sally's insolvency experience includes:

Prosecuting and defending claims for voidable transactions, breach of directors' duties due to alleged insolvent trading and alleged sales at undervalue.

Advising the liquidators of the Australian subsidiary of an international investment bank on the insurance-related aspects of the winding up, involving litigation with a large number of Australian investors regarding collateralised debt obligations and a private dispute resolution process.

Acting for a major investment bank in London in insolvency litigation arising from the collapse of the Parmalat Group including successfully settling multiple claims by the

Italian Extraordinary Administrator, dealing with Italian criminal insolvency-related proceedings and facilitating the potential settlement of claims by tens of thousands of investors in Parmalat bonds and shares.

Acting for insolvency practitioners in urgent and contentious circumstances, including obtaining orders appointing administrators to the UK subsidiaries of major Icelandic banks.

See Insolvency

Debt Trading and Special Situation Investing

Sally's insolvency experience includes:

Prosecuting and defending claims for voidable transactions, breach of directors' duties due to alleged insolvent trading and alleged sales at undervalue.

Advising the liquidators of the Australian subsidiary of an international investment bank on the insurance-related aspects of the winding up, involving litigation with a large number of Australian investors regarding collateralised debt obligations and a private dispute resolution process.

Acting for a major investment bank in London in insolvency litigation arising from the collapse of the Parmalat Group including successfully settling multiple claims by the Italian Extraordinary Administrator, dealing with Italian criminal insolvency related proceedings and facilitating the potential settlement of claims by tens of thousands of investors in Parmalat bonds and shares.

Acting for insolvency practitioners in urgent and contentious circumstances, including obtaining orders appointing administrators to the UK subsidiaries of major Icelandic banks.

See Debt Trading and Special Situation Investing

Insurance and Risk

Sally's class action and group litigation experience includes acting for Swiss and UK insurance companies in the multi-party TAG Group Litigation in London, which involved suing over 600 solicitors for negligence and breach of contract in relation to the conduct of over 7,000 individual matters.

See Insurance and Risk

Knowledge

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