Scott is an experienced commercial litigator and insolvency practitioner having acted for a variety of private sector, Local, State and Federal government clients over the past 16 years.
He acts for major private and public organisations across Queensland and New South Wales advising on large complex matters in commercial litigation, Corporations Law, insolvency administration, recovery and management issues.
Scott led the teams involved in the largest scale Inquiry matters in Queensland (Floods, Racing and Greyhounds) as well as the most recent large scale corporate collapses in the State (MFS/Octaviar and Storm). These matters reflect Scott's strength in managing complex, large scale, adversarial matters which involve huge volumes of material and evidence to be collated, reviewed and prepared in a short space of time.
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Restructuring and Insolvency
- Octaviar Group: Co-leads the team for the Public Trustee of Queensland, a major creditor of the Octaviar Group of companies. The Octaviar Group has approximately $2 billion in creditors. In particular, Scott acted in proceedings to successfully set aside Deeds of Company Arrangement and replace the then liquidators as well as claims against the former Auditors.
- Storm Financial Limited: Lead adviser to the receivers and managers of the Storm Financial Group in relation to all aspects of the receivership including recovery of assets and actions against the former directors. The Storm Group had funds under investment of approximately $1 billion.
- First Capital Securities Limited: Acting for the receivers of First Capital Securities Limited involved in advising the receivers on all aspects of the receivership of a large Queensland-based financial services firm.
- ATO: Acts for the DCT in defending Supreme Court of Queensland proceedings commenced by a tax payer claiming damages of over $400 million.
- Employment: Advised the Department in relation to its ability to recover unspent funding from the Aboriginal Rainforest Council.
See Restructuring and Insolvency
Litigation and Dispute Resolution
- Major Queensland coal mine: Acting for the sales and marketing company of a major Queensland coal mine in respect of a joint venture dispute. The company was involved in proceedings in the Supreme Court of Queensland (which proceeded to a seven week trial) which involved issues of breach of contract, equitable remedies and Trade Practices Act obligations.
- International Coal Miner: Scott acted on behalf of an international mining company in its dispute with a partner regarding its long term coal sales contract. This major dispute proceeded for over 2 years and culminated in a trial in the Supreme Court of Queensland (which proceeded for seven weeks) involving issues of breach of contract, equitable remedies and Trade Practices Act obligations.
- Acting for major banks: In respect of numerous secured and unsecured recovery matters, general banking litigation matters as well as providing advice in relation to insolvency and external administration issues.
- Acting for several major Australian companies: In defending actions for unfair preference payments brought by the liquidator of a contractor of those companies.
See Litigation and Dispute Resolution
Administrative and Public Law
- DoHA: Advised the Department in relation to a number of large entities (funded by the Commonwealth) that have fallen into external administration. This advice included the options for the Commonwealth to recover its funds, to enforce rights of access, to appoint Funds Administrators as well as the transition of services to a new provider in the context of a liquidation or and administration (and subsequent Deed of Company Arrangement).
- Queensland Health Fraud Investigation: Scott was urgently engaged to investigate and advise the Department in relation to the actions of a former Queensland Health employee who is alleged to have taken $11 million from the Department. This investigation included a forensic analysis of the actions of the employee including recommendations as to immediate and long term actions arising from the investigation.
- Electoral Commissioner of Queensland: Scott co-led the team defending the ECQ in relation to proceedings commenced under the Electoral Act. This includes proceedings commenced by numerous Australian political parties. The proceedings conducted included matters of interpretation of the Act as well as, in some cases, injunctive relief. All proceedings were successful for the ECQ with non-adverse outcomes for the client.
- Flood Inquiry - Brisbane City Council: co-led the representation of the Brisbane City Council in the Queensland Floods Commission of Inquiry. The Commission held 5 rounds of public hearings between April 2011 and February 2012 and received voluminous written submissions and expert and lay evidence. Scott advised on all aspects of the Commission's investigations and the Council's response to the matters of interest to the Commission. Given the size of the matter, Scott also implemented a weekly reporting regime on all aspects of the response to the Inquiry relevant to Council, including budget management tracking and control.
See Administrative and Public Law
Debt Trading and Special Situation Investing
- Acting for the administrators of a Queensland mine: acting for the administrators of a listed entity and its subsidiaries which owned a Queensland mine. This involved advice in relation to all aspects of the administration, the implementation of a Deed of Company Arrangement and the recapitalisation of the listed shell.
- Asset Loans Group: Acting for the administrators and deed administrators of the Asset Loans Group in relation to all aspects of the administration and subsequent Deed of Company Arrangement. In addition, advising the deed administrators in relation to the recapitalisation of the listed parent company Asset Loans Limited.
See Debt Trading and Special Situation Investing