Gavin Rakoczy

Gavin Rakoczy

Gavin is a Special Counsel in the Restructuring and Insolvency team, based in Sydney.

He has extensive experience advising clients in relation to restructuring and insolvency-related matters and has been involved in many of Australia’s most complex insolvencies and distressed corporate situations.

Gavin’s skillset covers the full gamut of corporate distress, insolvency and restructuring, including informal solvent workouts, advising boards concerning insolvent trading risk, security enforcement strategies, voidable transaction risk, and formal restructuring options.  Gavin has particular expertise with regards deeds of company arrangement, having drafted some of Australia’s most complex and innovative deeds of company arrangement.

His other areas of expertise include contractual disputes, Competition and Consumer Act (formerly the Trade Practices Act) matters, property disputes, equitable and trust issues and Corporations Act matters (including director's duties).

Recent distressed situations in which Gavin has had a key role include:

  • RCR – administrators and liquidators on a variety of complex legal issues and various legal proceedings, including application for directions on classification of work-in-progress, bonds and other assets as circulating or non-circulating with potential wide-ranging ramifications for Australian insolvencies;
  • Surfstitch – administrators and deed administrators on unique interplay between the Surfstitch deeds of company arrangement and two separate class actions against Surfstitch, including distribution of proceeds to shareholder creditors;
  • Arrium – consortium of lenders owed +$3B on negotiation of market-moving deeds of company arrangement and successful defence of proceedings brought by trade creditor insurers in relation to distribution of proceeds from sale of overseas assets.  Current lead role in proceedings brought by certain lenders against Arrium directors and officers alleging misleading and deceptive conduct;
  • Paladin Energy – company on solvent restructuring proposals, and administrators and deed administrators on negotiations for complex restructure and recapitalisation via deed of company arrangement and associated contested section 444GA Court application for transfer of shares;
  • Indus – administrators and deed administrators on deed of company arrangement to recapitalise the company;
  • Alita Resources – administrators and deed administrators on restructuring through deed of company arrangement and associated section 444GA application for the transfer of shares to the proponent by Singaporean and Australian shareholders; 
  • Angas Securities – Trust Company as trustee for debenture holders, including on heavily litigated debenture fund run-off process and subsequent creditors’ scheme of arrangement to restructure rights and obligations of Angas, Trust Company and debenture holders;
  • McAleese – administrators and deed administrators on restructure of Group via three innovative deeds of company arrangement and related suite of agreements to facilitate separation of viable and non-viable businesses within Group. 

Professional Memberships

  • Turnaround Management Association (TMA)
  • Law Society of NSW

Location

Legal insights

This article was written by Tim Klineberg and Gavin Rakoczy. The issue The priority of secured creditors to receive distributions out of secured assets is heavily entrenched in the Australian...

17 June 2020

This article was written by Gavin Rakoczy. Administration and deeds of company arrangement have continued to have significant influence on major restructurings in the Australian market.  In...

03 October 2018

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