Zac Chami

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Restructuring and Insolvency

Insolvency

• HIH Insurance Group (in liquidation): Zac advised the liquidators of the HIH Insurance Group in relation to various recovery actions against auditors, actuaries, directors and others. The HIH Insurance Group collapse was precipitated by a deficiency estimated to be between $5 billion and $7 billion.
• Trilogy Funds Management Limited (TFML): Acted for and advised TFML, a responsible entity of a large fund  holding over $1B in land assets, in litigation, recovery and insolvency proceedings and its statutory and common law legal duties. 
• Gunns Limited (In liquidation): Zac acted for the majority landowner on which the Great Southern Schemes operated in connection with the enforcement of the landowner's security interests under Part 5.3A of the Corporations Act 2001.
• Clutha Limited: Zac successfully acted for a Japanese conglomerate (globally one of the largest fuel traders) in proceedings involving claims of insolvent trading, breach of fiduciary duty and duty of care and diligence under the then Corporations Law.
• Outboard Marine Corporation: Zac successfully acted for the liquidator of one of the world's largest producers of outboard engines (Johnson and Evinrude) including de facto representative proceedings litigated in the Supreme Court arising from actions commenced by former Johnson and Evinrude outboard dealers. 
• SG Capricorn Investments: Zac acted for the voluntary administrators, deed administrators and liquidators of SG Capricorn Investments, New Mangrove and Dameng Developments in contentious proceedings in the Supreme Courts of New South Wales and Victoria. The proceedings arose from disputed creditor claims including the Australian Taxation Office and State Revenue Office Victoria, and which involved the intersection of State taxation laws and the Commonwealth Corporations Act.

See Restructuring and Insolvency

Litigation and Dispute Resolution

• Australian Securities and Investments Commission (ASIC): Zac successfully acted for ASIC in its high-profile civil penalty proceedings against former directors and officers of companies in the James Hardie Group, ABN60 Pty Limited and James Hardie Industries NV.
• AMP: Zac successfully acted for and advised AMP in relation to litigation concerning Part 2C.1 of the Corporations Act and its extraterritorial application.  As a result of the litigation, the Corporations Regulations 2001 were amended.
• PrimeSuper: Zac successfully acted for PrimeSuper in relation to its c.$81M purchase of commercial property the settlement of which stalled due to contractual interpretation and stamp duty disagreements.   
• Golden Horizon Finance Co, Ltd: Zac successfully acted for a financier in connection with the enforceability of loans provided to an Australian listed company.  
• DHL Global: Zac is successfully obtained exoneration orders for DHL a global logistics provider from any criminal liability in the first prosecution of a logistics company in Australia under the Customs Act 1901 (Cth).
• 8IP Emerging Companies Limited: Acted for 8IP in successfully defending Supreme Court proceedings brought against 8IP which had sought to challenge the validity of votes cast at, and the outcome of, a general meeting of 8IP concerning the appointment and removal of directors and which required interpretation of the voting provisions in the Corporations Act 2001 (Cth).

See Litigation and Dispute Resolution

Administrative and Public Law

Various Commonwealth Government Departments: Zac conducts merits and judicial review on behalf of the Commonwealth in all relevant tribunals, the federal courts and the High Court of Australia.

Zac has authored numerous papers and commonly presents on administrative law topics at conferences sponsored by the Australian Institute of Administrative Law (AIAL) and the Law Society of NSW. He is a committee member of the AIAL NSW chapter, and has published numerous papers on administrative law in academic journals. Zac regularly conducts training programs for clients, particularly on judicial review and administrative law. 

See Administrative and Public Law

Government Services

• Finance (Comcover): Acted for Finance in highly sensitive tort civil claims for negligence, unlawful detention, and psychic injury matters brought against the Commonwealth government.
• Australian Securities and Investments Commission (ASIC): Zac successfully acted for ASIC in its high-profile civil penalty proceedings against former directors and officers of companies in the James Hardie Group, ABN60 Pty Limited and James Hardie Industries NV.
• HealthShare: Zac advised HealthShare NSW on the transportation arrangements for shipments of PPE, medical equipment and other supplies procured by the NSW Ministry of Health for use by NSW hospitals in the fight against COVID-19.
• Ahpra: Zac acts for Ahpra in disciplinary proceedings in numerous and various Tribunal proceedings nationally seeking sanctions be imposed on registered medical practitioners under the Health Practitioner Regulation National Law (NSW) for professional misconduct.
• 8IP Emerging Companies Limited: Acted for 8IP in successfully defending Supreme Court proceedings brought against 8IP which had sought to challenge the validity of votes cast at, and the outcome of, a general meeting of 8IP concerning the appointment and removal of directors and which required interpretation of the voting provisions in the Corporations Act 2001 (Cth).

See Government Services

Anti-dumping and importation

Zac acts for and advises local and foreign corporations, including Alcoa of Australia Limited, Ford Australia, Capral Aluminium, Nippon Steel & Sumitomo Metal Corporation, Stora Enso AB and Siemens Limited on issues relating to the Customs Act, Customs Tariff Act and WTO anti-dumping agreement. Zac has also acted in litigious matters for the recovery of customs duties and sales tax for the Australian Customs Service. 

See Anti-dumping and importation

Agribusiness and Food

See Agribusiness and Food