Tony Troiani

Tony Troiani

Tony Troiani is a commercial litigator with some 28 years’ experience. He is a partner in the Melbourne centre. Described as an “eminent practitioner” with the ability to “bring people and solutions together” (ALB, Insolvency and Restructuring Law), Tony has a high profile practice specialising in insolvency matters. He has acted in all manner of financially distressed context including liquidation, provisional liquidation, receivership, mortgagee in possession, voluntary administration, deeds of company arrangement, schemes of arrangement, informal workouts and a range of matters associated with complex corporate restructurings and insolvencies.

Tony led a King & Wood Mallesons’ team of insolvency and M&A specialists, acting for the administrators of Opes Prime on the ground breaking scheme of arrangement, which put these sorts of restructurings back on the legal landscape. Tony advised on all stages of the court hearings, which involved 13 different contradictors and the need to elicit cooperation from a large number of parties. The scheme also involved several novel aspects (eg detailed calculation rules to expedite creditors’ claims, and a contractual solution to enable enforceability against foreign creditors).

Tony also acted in the Ansett Group and Kleins Jewellery Group administrations and the Cornerstone Pubs and Letten Group Scheme receiverships. More recent insolvency related work has included the Western Desert Resources receivership and the role of strategic advisor to various stakeholders in distressed situations.

According to Chambers Global Guide, Tony "is praised by peers as 'sensible, practical and technically excellent' ". This is reflected in the advice he provides to debtors and creditors regarding possible recovery actions, priority disputes, asset tracing, constructive trust claims, corporations law applications, injunctions, contract disputes and liquidator recovery actions such as voidable transactions and attacks on phoenix structures.

Tony's work otherwise involves strategic and cost effective commercial dispute resolution, including litigation in all court jurisdictions, negotiation and mediation. He practises in areas which include banking, contract disputes, professional negligence and corporate regulation.

Tony was named the Best Lawyers' 2013 Melbourne Insolvency and Reorganization "Lawyer of the Year". In fact, Best Lawyers has recognised Tony for his work in his various practice areas in each year since the inception of that survey. Tony has been similarly recognised, continuously over the past 10 years, as a leader in his fields by the other independent legal surveys (IFLR 1000, APL 500 and Chambers Global Guide).

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Representative matters

  • Acting for receivers of Western Desert Resources.
  • Strategic Advisor to purchaser in distressed sales of the Cross City Tunnel in Sydney and the Airport link toll road in Brisbane.
  • Acting for Plaintiff land holders in their very substantial damages claim arising from petroleum contamination of their land.
  • Representing court appointed receivers of the Letten Group Schemes.
  • Opes Prime administration and scheme of arrangement
  • Receivership of Cornerstone Pubs
  • Administration of the Kleins Jewellery Group
  • Acting for a substantial bank creditor of the Ansett Group
  • Advice to creditors and administrator of Pasminco Group
  • Conduct of numerous defences for banks in relation to fraudulent cheque dealings
  • Conduct of defence of major party in proceedings arising from the well publicised frauds of the late Max Green (a partner of the Melbourne law firm Aroni Colman).

Qualifications

  • 1987: Bachelor of Science (Geology, Hons) and Bachelor of Laws (Hons), University of Melbourne
  • 1988: Articled Clerk / Solicitor, Mallesons Stephen Jaques, Melbourne
  • 1993: Senior Associate, Mallesons Stephen Jaques, Melbourne
  • 1997: Partner, Mallesons Stephen Jaques, Melbourne
  • 2012-present: Partner, King & Wood Mallesons, Melbourne.

Professional memberships

  • Insolvency Practitioners Association of Australia LEADR (Lawyers Engaged in Alternative Dispute Resolution)
  • Law Institute of Victoria.

Location

Legal insights

Our experts examine the new legislation in its practical context and suggest some “tweaking” which may bring about the increased certainty that Directors need in order to fully embrace the reform.

27 September 2018

New safe harbour legislation emphasises that continuous improvement should not give way to concerns as to personal liability.

17 July 2018

The decision in Amerind has provided clarity on whether receivers and liquidators should apply the statutory priorities afforded to employee entitlements.

28 February 2018

Until very recently, for directors and creditors alike Australia’s insolvent trading regime had been failing.

21 November 2017