Samantha specialises in restructuring and insolvency solutions, debt acquisition, regulatory investigations and high-stakes strategic commercial dispute resolution. She has a strong cross-border aspect to her restructuring and dispute resolution practices and has managed significant engagements for clients throughout the Asian region and globally.
Clients say Samantha is collaborative and solutions-focussed in her approach.
Samantha is an ARITA and INSOL Fellow and currently sits on the Law Council of Australia's Insolvency and Restructuring Committee and TMA Australia's VIC Committee.
Samantha is ranked Band 1 in Chambers and is consistently recognised in Doyle’s (Leading Insolvency & Restructuring Lawyer and Recommended Commercial Litigation & Dispute Resolution Lawyer) and Best Lawyers (Insolvency and Reorganisation Law - Lawyer of the Year 2020 and 2022, Commercial Litigation and Alternative Dispute Resolution).
Samantha’s work highlights include:
Insurance
- Restructure of an Australian general insurer: lead restructuring and insolvency partner advising on a novel creditors' Scheme of Arrangement, the first of its kind in the Australian insurance market. The Scheme was designed to manage the uncertainty associated with the insurer's potential deteriorating financial position, preserve insurance recoveries, and mitigate the risk of insolvency. The Scheme also provided benefits such as an orderly run-off under the insurer’s management, minimal disruption, and cost savings. The Scheme was unanimously approved by policyholders and the Court, and became effective in November 2023.
Construction
- Restructure of Murray & Roberts / Clough Group: lead partner advising the administrators of the Clough construction and engineering group on its successful restructure and the sale and recapitalization of its Australian construction business to Italian construction group Webuild. This engagement successfully avoided $1.5b in liabilities and saved over 1000 jobs. This engagement also involved the resolution of Clough’s operations in the UK, USA, Canada, Mongolia and PNG.
- Administration of WBHO / Probuild Group: lead partner advising the administrators of the Probuild construction group, including its Probuild, WHBO Infrastructure and Monaco Hickey subsidiaries in the most significant restructuring of 2022. The Probuild group was one of Australia’s largest commercial construction houses with more than 19 live construction projects upon the appointment of the administrators. KWM worked closely with the administrators to facilitate the first successful trade on of a commercial construction business through an administration and the sale of the Victorian and Western Australian businesses as going concerns saving hundreds of jobs and millions of dollars of creditor claims.
- Hastie litigation: acting for Multiplex as the lead defendant in the strategically important proceeding commenced by the liquidators of the Hastie Group against the construction industry’s largest builders.
- Grocon Group: acting in various strategic construction and financing litigation (including in respect of alleged flammable cladding on a significant project and entitlement to call on bank guarantees) and the subsequent administration and deed of company arrangement of the Grocon Group.
Energy
- Mugga Lane Solar Park: advising the secured lenders and receivers of the Mugga Lane Solar Park on its debt restructuring, enforcement and sale of a significant ACT renewables project.
- Sunraysia Solar Farm: advising the syndicate of financiers to Sunraysia in all aspects of a successful restructuring in connection with a significant Australian renewables project.
- Pacific Hydro: advising on the German self-administration of Senvion Pty Ltd (a wind farm builder and operator) in successfully obtaining a carve out to the automatic stay arising under the Cross Border Insolvency Act.
Resources
- EMR / 29Metals: acting for EMR in Court proceedings in relation to the sale of the Capricorn Copper mine and the disputed appointment of receivers prior to the IPO of 29Metals.
- Caledon Coal Group: acting for secured financiers on the enforcement and recovery of their secured debt owing by the GRAM owned Caledon Coal upon the administration and subsequent winding up of the Caledon Coal Group.
Various
- Deliveroo: acting for the administrators in the high profile administration of Deliveroo Australia and the subsequent deed of company arrangement. The company was placed into voluntary administration by its parent company to facilitate the orderly exit from the Australian market. The matter was significant as it impacted over 12,000 restaurant partners and 15,000 rider partners, in the lead up to the festive seasons.
- Murray River Organics: acting for the lender and receivers and managers of Murray River Organics (an ASX listed organic food producer). This role has involved various phases of restructuring prior to the eventual enforcement by the lenders of their securities. The receivership has involved various complex asset sales, a sale of the listed shell by way of deed of company arrangement and complex litigation on a water rights dispute.
- Fastline: acting for the liquidators of Fastline Logistics Pty Ltd in Court proceedings to challenge a potential illegal phoenix / voidable transaction.
