Tim Klineberg

Partner

Sydney, Australia

Tim leads our Australian Restructuring & Insolvency practice. He has been involved in many of the significant restructuring and insolvency situations in the Australian market for many years. He has acted for debtors, secured and unsecured creditors, government stakeholders and also acquirers of companies and assets out of distressed situations.

Tim is known for his creative and collaborative approach to legal practice in this complex area and has a wide network in the Australian market across lenders, company directors, insolvency practitioners and funds specialise in investing in restructuring and insolvency situations with Australian assets. As team leader, Tim is focused on bringing the firm’s market-leading expertise across different disciplines to our clients and to restructuring and insolvency situations.

Tim has been consistently recognised as one of Australia’s leading specialist Restructuring & Insolvency specialist lawyers including in the Chambers Asia Pacific, Legal500 and Best Lawyers directories.

Restructuring matters

Qenos acquisition – advised the LOGOS consortium on its acquisition of Australia’s largest plastics manufacturer, and the subsequent land acquisition through a controlled administration and deed of company arrangement

Waste to Energy (WtE) projects – two significant projects located in Western Australia:

  • Kwinana WtE - advised the sponsors Macquarie and Dutch Infrastructure Fund on their disposal of the Project equity and interconditional debt acquisition and construction dispute settlement completed through a creditors’ scheme of arrangement
  • East Rockingham WtE – advising the secured lenders and receivers appointed to this significant WtE project

SunCable – advised the Northern Territory Government on its position on the administration and subsequent sale of this strategic project asset to the Grok consortium

Arrium – advised the large syndicate of lenders and noteholders on the Australian law aspects of the administration, deed of company arrangement and asset disposals of this significant ASX listed group

Basslink – advised the secured lenders and subsequently two different firms appointed as receivers to this nationally significant electricity transmission asset linking the mainland with Tasmania, ultimately sold to the APA Group with the interconditional settlement of complex litigation involving Government agencies

National Disability Insurance Scheme (NDIS) restructuring – two significant transactions resulting in 100c returns to creditors, saving significant numbers of jobs and preventing disruption to thousands of vulnerable Australians:

  • Disability Services Australia – acted for DSA on its controlled administration and deed of company arrangement
  • Lifestyle Solutions – advised NIDIS service provider Lifestyle Solutions on its solvent merger with Possability

Griffin Coal – advised the company/debtor on its controlled security enforcement and subsequent entry into receivership resulting in continuity of the operations of this nationally significant coal asset

RCR Tomlinson – advised the company/debtor and subsequently the administrators and liquidators on this significant insolvency which included a number of asset sales and novel issues arising on the distribution of assets

Tiger Resources – advised the company/debtor on its complex, cross-border creditors’ scheme of arrangement including the resolution of complex jurisdictional disputes

Paladin Energy - advised the company/debtor and subsequently the administrators on the bond restructuring and debt-for-equity swap, ultimately completed through a deed of company arrangement

Surfstitch – advised the company/debtor and subsequently the administrators on the recapitalisation of this ASX listed retail group, including novel settlement of class action claims through administration and cross-border considerations in the sale of the UK business

US Chapter 11 matters – two significant global restructurings completed using Chapter 11, and a number of significant private matters where the structure has been considered:

  • Speedcast – Australian law adviser to the Term Loan B and Revolving Credit Facility lenders owed more than US$700m
  • GenesisCare – Australian law adviser to KKR as sponsor of this global healthcare business 

 

 

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