Restructuring & Insolvency

An end-to-end domestic and global offering

The current economic environment brings uncertainty requiring trusted, commercial, and innovative advisers to navigate complex regulatory frameworks in challenging times.

Clients engage the team on the most significant, complex, time-sensitive matters whilst delivering successful outcomes whether they be transactional, advisory or litigious. Our ability to meet their business needs through our full-service strength in Australia, backed by our international reach, has enabled us to be the commercial counsel of choice on high profile and complex deals. Our ability to work collaboratively, operating with our international counter-parts, has given us an extra edge in providing a seamless service to clients in real time in today’s global business world.

Equipped with a team of high performing and dynamic practitioners we are known for our ability to navigate multi-faceted and fast moving distressed situations, with our energetic and experienced team advising on some of the most complex issues.

Restructuring and Distressed Investment

Today’s restructuring and distressed investment environment is complex, fast moving and dynamic. For clients facing into these situations there is no ‘one method’. Clients seek us out to develop solutions and implement them using flexible and creative methods.

To support our clients through these situations, our team has access to King & Wood Mallesons’ specialist expertise and cross-jurisdictional reach to provide innovative solutions to complex distressed investment situations.

Insolvency Advice

We have a thorough understanding of the specific drivers and objectives that govern insolvency procedures. Our deep experience and expertise allows us to be creative in using insolvency procedures to achieve strategic outcomes for our clients.

We regularly act for creditors, insolvency practitioners, government and many different types of stakeholders in major insolvency situations.

Insolvency Litigation

Complementing our restructuring and distressed investment practice, we continue to act in the most contentious corporate insolvency and administration situations in the market. Such matters frequently involve multifaceted litigation and complex issues requiring innovative solutions, and are conducted under the public and media microscope.

Our contentious insolvency practice is driven by outcomes – not procedures. Our insolvency litigation practitioners are known leaders in the field and are acknowledged for running novel arguments and developing innovative solutions to achieve the best results for clients.

Key matters include:

  • Arrium BoC litigation: representing three lenders who have sued certain directors and officers of the Arrium group for misleading and deceptive conduct based on drawing funds from the lenders when the Arrium group was allegedly insolvent. This is one of the most significant and complex pieces of insolvency litigation in 2020 and is currently in trial before Justice Ball of the NSWSC
  • Virgin Australia: advising the Federal Government and the majority of the aircraft lessors on the implications of the administration and subsequent sale to Bain Capital
  • Sydney Airport: acting for Sydney Airport in relation to the Virgin administration and subsequent deed of company arrangement
  • Tiger Resources: on its complex cross-border restructuring completed through a creditors’ scheme of arrangement despite being contested by a minority secured creditor
  • Flight Centre: on its recapitalisation and cost reduction initiatives to support liquidity through COVID-19 and regulatory responses impacting the travel sector
  • EncoreFX liquidation: advising the administrators and liquidators of EncoreFX on all aspects of the external administration which culminated in a judgment of Colvin J of the Federal Court clarifying the application of client money provisions in the Corporations Act
  • Speedcast restructuring: Australian law adviser to the TLB and RCF lenders owed more than US$700 million on all aspects of the complex debtor-in-possession financing and subsequent Chapter 11 proceedings in respect of various Speedcast group members including the ASX listed parent company

Find out more about the Paladin deal in the video below or listen to the podcast.

TESTIMONIAL

A team of individual thinkers, who challenge the consensus view. Very easy to work with and listen to what the clients’ concerns are.

Legal 500

Commercial mindset. They balance risk and practical considerations for the outcome.

Legal 500

They are a leading restructuring practice in Australia and we use them for that reason; in addition, their team is supported by market-leading individuals in mining, banking, and M&A.

Legal 500

A full service restructuring & insolvency offering that sits hand-in-glove with our pre-eminent full service offerings including Tier 1 practices in Banking & Finance, Dispute Resolution, Mergers & Acquisitions, Private Equity and Real Estate practices.

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