Samantha Kinsey

Samantha Kinsey

Samantha is a partner in the Melbourne office of King & Wood Mallesons where she specialises in restructuring and insolvency law, banking and finance related matters, debt recovery, debt acquisition and general commercial dispute resolution.

Samantha's work involves all forms of commercial dispute resolution including litigation in all Court jurisdictions, negotiation and mediation. Samantha is known for adopting a solutions centric approach to dispute resolution, which often results in the resolution of disputes early before Court proceedings are commenced. She also has a strong track record of innovative pricing (including risk sharing with her clients) in her dispute resolution practice.

Samantha has acted for various stakeholders in relation to numerous high-profile restructurings and insolvencies. This work includes various members’ and creditors’ schemes of arrangement.

Samantha also acts for various clients in relation to Contentious Corporate Regulatory matters including ASIC and other regulatory investigations

Samantha was recognised in Best Lawyers - Insolvency and Reorganisation Law (2015 and 2016) and in Best Lawyers – Commercial Litigation (2016).

Recent Matters

  • NAB demerger: - Acted for NAB in relation to the demerger of Clydesdale Bank
  • Renex: - Acted for secured creditor in relation to the insolvency and restructure of Renex
  • Financial product misselling disputes: - Acted for major banks in relation to disputes arising out of alleged misselling of financial products
  • Becton: - Provided strategic advice to secured lenders and receivers
  • Ararat Prison Project: Provided strategic advice to syndicate of banks and receivers
  • Liquidation of Opes Prime Stockbroking Ltd: - Provided advice to the administrators in relation to all aspects of the administration and liquidation of Opes Prime, acted for the administrators in numerous Court proceedings, created and implemented a creditors' scheme of arrangement and acting for liquidators in relation to breach of directors' duty and insurance claims
  • Receivership of Letten Group (property development group): - Acted for Court appointed receivers in relation to the receivership of a property development group, provided strategic advice in relation to all aspects of the receivership, prepared various Court applications
  • Commercial disputes: - Acted for major banks in relation to various significant commercial disputes
  • Contentious Corporate Regulatory: - Acted for various clients in relation to regulatory investigations (including ASIC and other regulators) in relation to issues including managed investment schemes, breaches of duty, breaches of National Consumer Credit Protection Act 2009
  • Debt acquisitions: - Acted for various bidders in relation to distressed debt acquisitions

Experience

  • July 2014 - present: Partner, King & Wood Mallesons, Melbourne
  • 2003 - July 2014: Solicitor/Senior Associate, King & Wood Mallesons, Melbourne
  • 2005: IPAA - Insolvency Education Program - received highest mark
  • 2003: Admitted - Australia - VIC - Supreme Court (28 April 2003)
  • 2002: Bachelor of Arts / Law (1st class Hons), Monash University
  • 2001: Intern, World Bank (Washington DC), insolvency law reform

Samantha has published articles in a number of journals including the Insolvency Law Journal and the International Energy Law & Taxation Review

Samantha has authored chapters of several books including Australian Finance Law (7th edition) Thompson Reuters and Insolvent Transactions, LexisNexis Butterworths

Memberships

  • Law Institute of Victoria
  • Turnaround Management Association
  • Law Council - Insolvency and Reconstruction Law Committee
  • ARITA.

Location

Legal insights

In a landmark and long awaited decision, the High Court of Australia unanimously dismissed the appeal in Carter Holt Harvey Woodproducts Australia Pty Ltd v The Commonwealth of Australia and Others ...

20 June 2019

In Roo Roofing Pty Ltd & Anor v The Commonwealth of Australia [2019] VSC 331, the Supreme Court of Victoria has refused to find that the Federal Government had to take reasonable care in the design...

14 June 2019

We chatted to Samantha Kinsey on the recently finalised Penrice Liquidation and the more novel aspects of the unfair preference payment and insolvent trading claims. Watch to find out more.

17 April 2019

The latest proposed reform concerns the controversial practice of “phoenixing”. In recent months and years, phoenixing has attracted attention from a wide band of Australian regulators.

20 February 2019

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