Philip Pan

Philip Pan

Philip Pan is a partner in the Brisbane office of King & Wood Mallesons where he practises in banking, property and commercial litigation. Philip has over 15 years legal experience specialising in insolvency, corporate recovery and regulation and property, banking and finance disputes.

Recent matters

  • Acting for Australia and New Zealand Banking Group Limited, National Australia Bank Limited and Commonwealth Bank of Australia in the workout of the Parmalat Group, being Australia's third largest milk processor, including advice on international insolvency and fraud issues and ASIC investigations into insolvent trading and breach of duties
  • Acting for the trustee in bankruptcy of Geoffrey Robert Dexter, the promoter of the Wattle Group which was at the time Australia's largest non-corporate "Ponzi" investment scheme with investor losses totalling more than $200 million which included assistance to ASIC in its successful prosecution and imprisonment of the promoter for ten years
  • Acted in obtaining an ASIC stop order against a product disclosure statement issued in respect of the S8 Property Trust
  • Acted for the receivers and managers of South Johnstone Mill, one of the largest sugar mills in Queensland which was sold to Bundaberg Sugar, including the investigation and examination of senior bank officers and the receivers and managers by ASIC of allegations of sale at an undervalue
  • Acted for a director of listed childcare property fund in investigations and examinations by ASIC of allegations of insider trading
  • Acted for the receivers of one of Queensland's oldest and largest tile processing and manufacturing businesses including investigations by Environmental Protection Authority
  • Acted for the directors of Freedom Homes, one of the largest home builders in Queensland in relation to administration, public examination, liquidation and preference and insolvent trading actions
  • Acted for the Registrar of Aboriginal Corporations and appointed administrators and liquidators of numerous incorporated aboriginal councils and associations including the public examination of the Deputy Commissioner of ATSIC, "Sugar" Ray Robinson and investigations of misuse of public funding
  • Acted for the administrators of Southbank Holiday Suites involving rental guarantees and the disclaimer of management agreement and investigations of breach of body corporate and management legislation.

Location

Legal insights

It is becoming more important for financiers, owners, principals and contractors to manage counterparty insolvency risk as a key part of their project contingency plans.

12 September 2017

The Hamersley v Forge case confirms that in a liquidation a security interest created under the PPSA will render worthless any set-off rights that account debtors may have had against the transferor.

27 June 2017

The Turnbull Government's proposed reforms introduce a two-layered adjustment to the restructuring landscape through safe harbour reform and the ipso facto stay.

02 May 2017

The Australian Government's proposed reforms aim to shift the face of Australia's corporate insolvency laws towards restructuring over a formal insolvency process.

02 June 2016