The Legal 500 > Asia Pacific > Australia > Restructuring and insolvency

Allens fields a nationwide team of specialists in restructuring and insolvency which is regularly involved in the most significant insolvency administrations and loan-to-own transactions in the Australian market. A distinguishing feature of the department is its experience in cross-border assignments through its integrated alliance with Linklaters LLP. The team is also able to call on experts in closely related disciplines, such as corporate, banking and finance, and commercial litigation, to provide a fully rounded service. The Brisbane-based Alf Pappalardo heads up the practice and maintains close connections with top banks and insolvency practitioners. Other key names include Matthew Whittle, a Melbourne-based litigator who regularly advises offshore lenders and investors, and Chris Prestwich in Sydney, whose client base is drawn from sectors including banking, infrastructure, private equity, mining, construction, and media. The name to note on the west coast is Philip Blaxill in Perth.

Regularly involved in the largest insolvencies in Australia, Arnold Bloch Leibler advises clients in all aspects of law in this area, from early diagnoses for troubled businesses and restructuring through to matters involving enforcement and representation in actions. The firm is particularly strong in acting for clients in sectors including retail, mining, entertainment, manufacturing, property, health, and infrastructure. The well-respected Leon Zwier heads up the team, with support from Ben Mahoney, who focuses on restructuring transactions; Genevieve Sexton, whose work includes insolvent restructuring and workout transactions; and Sydney-based Susanna Ford, whose practice focuses on dispute resolution and often involves insolvency-related matters. In team news, there were two internal promotions to the partnership in July 2019: Elyse Hilton and Stephen Lloyd, both of whom specialise in commercial disputes, regulatory investigations, and insolvency litigation. All partners noted are Melbourne-based unless otherwise mentioned.

The top-tier restructuring and insolvency practice at Clayton Utz acts for a highly impressive client list, which includes major Australian banks, some of the most prominent insolvency practitioners, multinational investment funds, as well as corporates, and government clients. The sizeable team is spread across the country in Sydney, Melbourne, Brisbane, and Perth, and can draw on the expertise of related specialists in banking and finance, corporate and property and tax, as well as the firm's large commercial litigation practice. Particularly strong in non-contentious restructuring work, the department also has a significant offering on the contentious side, especially in cross-border matters. Practice head Timothy Sackar in Sydney is a specialist in business restructuring, distressed investing, and insolvency, with a number of international clients. Other key names in Sydney are seasoned litigation specialist Karen O’Flynn and Orla McCoy. Elsewhere, Nick Poole is the name in Melbourne, and Cameron Belyea the go-to practitioner in Perth.

Gilbert + Tobin remains a leading firm for restructuring and insolvency work in the Australian market. The practice focuses its energy on high-profile and high-value transactions, for a client base that includes debtors, banks, investors as well as leading insolvency practitioners. The core work done by the team includes restructuring and workouts, distressed debt investing, corporate distress, voluntary administration, liquidation and receiverships, and the resolution of related disputes. The practice brings together partner-level specialists in the corporate, finance, and litigation aspects of work in this space, to provide a full-service offering. Dominic Emmett in Sydney heads up the practice and is routinely involved in some of the largest restructurings in Australia. Other key team members include the Melbourne-based Peter Bowden, an expert in front-end restructuring whose clients include notable hedge funds, special situations groups, and investment banks, litigation specialist Colleen Platford, and corporate partner David Clee (both operating out of Sydney).

King & Wood Mallesons remains a leading firm in the restructuring and insolvencies space, routinely attracting the most complex and high-profile work, both advisory and contentious, for significant clients in Australia and internationally. As a distinguishing feature, the practice benefits from close integration with the firm's M&A, banking and finance, real estate, and private equity practices, allowing for seamless coverage of complex matters involving cross-practice expertise. Tim Klineberg heads up the national R&I practice, while David Cowling acts as the global head of R&I (both are Sydney-based). Other key names in the department include Tony Troiani in Melbourne, a recognised expert on insolvency-related disputes, Philip Pan in Brisbane, who is active in the Safe Harbour advisory space, and Melbourne-based Samantha Kinsey. On the junior end of the team, special counsel Gavin Rakoczy in Sydney is a name to note; he has recently been highly active on multiple high-profile matters.

With a sizeable team of restructuring and insolvency specialists based out of Melbourne, Sydney, Brisbane, and Adelaide, Minter Ellison is a leading adviser to a raft of top clients, including all the major banks and accounting firms in Australia. The department is also known for its ability to handle complex, multi-jurisdictional matters, and regularly advises on the full range of work in this space, including distressed debt trading, liquidation, and voluntary administration. Handling managed investment schemes is a further specialism of the department, which can draw a number of leading fund management lawyers. Michael Hughes heads up the team from Sydney. Other veterans in the practice are Brendon Watkins in Melbourne and David O’Brien in Brisbane. A junior partner with an impressive client base is the Sydney-based Caitlin Murray.

Herbert Smith Freehills' restructuring, turnaround, and insolvency team is distinguished by its strong corporate client base and cross-sector expertise, spanning major industries including finance, mining, energy, TMT, consumer, real estate, and infrastructure. The department's impressive client list includes the four major domestic banks, investment banks, ASX-listed companies, accountancy and insolvency firms, and international funds. Sydney-based practice head Paul Apáthy is a widely recognised specialist. Other key names in the team include Mark Clifton in Sydney and the Perth-based David John, a recognised expert in bank-side insolvency work, complex restructurings, and the mining, resources, and energy sectors. In team news, Brisbane-based former practice co-head Peter Smith departed for Johnson Winter & Slattery in December 2019.

Baker McKenzie has a strong reputation for acting on the higher end of the restructuring market; it is also known for expertise in the mining, resources and energy sectors. Recent areas of activity have included advising companies on safe harbour and director matters, especially in struggling sectors such as retail and aviation, and handling high-profile administrations on the administrator side. The department also benefits from cross-border expertise, in collaboration with the firm's UK and US-based offices. Maria O’Brien heads up the team from Sydney. Other practitioners with active practices include David Walter in Sydney and Peter Lucarelli in Melbourne.

Colin Biggers & Paisley supports a number of government departments on insolvency work, while also providing niche advice to directors, corporations, and restructuring professionals. The practice, headed up by Sydney-based Peter Harkin and Scott Hedge, has a strong client base in the construction, property, mining, retail and registered club sectors. Another key team member is Glen Williams in Melbourne.

The national restructuring and insolvency practice at Gadens Lawyers is recognised for its broad experience and for its strength in the SME market. Clients include the four major Australian banks, non-bank lenders, and financiers, in addition to the insolvency firms and practitioners. The practice is jointly led by Robert Hinton in Melbourne,  who is an expert in acting for banking clients, administrators, and liquidators in litigation, and James Roland  in Sydney whose expertise spans refinancing and restructuring transactions, schemes of arrangement, and security enforcement. 

HWL Ebsworth fields a team of specialist restructuring and insolvency practitioners operating out of offices across the country. Jonathan Kramersh heads up the national group.

Equally comfortable with contentious and advisory work in the restructuring and insolvency space, K&L Gates handles complex situations of financial distress for clients across a wide range of industries, while retaining strong links with major Australian banks and government entities. Jason Opperman heads up the team from Sydney, with support from Andrew Chambers and Stephen Hume in Melbourne. In team news, Alex Smith was promoted to partner in Sydney in March 2020; her experience includes in-house roles and secondments at major banks.

Particularly strong in the Melbourne market, Maddocks stands out for its banking sector expertise and strong local client base. Other areas of strength include sectors such as education, construction, aged and health care, consumer markets, and the public sector in Victoria. The practice is noted for its work in restructuring and its advice to insolvency practitioners and secured creditors in asset realisation litigation. Marelda Hibberd heads up the team, with support from David Newman and Michael Johns.

Continuing its trend of growth beyond its historical Melbourne base, Mills Oakley has made a number of recent hires. Litigator Ashley Tiplady joined the Brisbane office from Russells in June 2019, which was followed by the arrival of Bernice Ellis to the Canberra office from Meyer Vandenberg in July 2019. In December 2019, Kirsten Farmer joined the Sydney office from DWF. In other team news, Matthew Kelly left the legal industry in March 2020. The team is notably distinguished by its expertise in the retail, manufacturing, and construction sectors. Stuart Lewin heads up the practice from Melbourne.

Founded in February 2020, specialist firm Banton Group is fronted by name partner Amanda Banton, former practice head of Squire Patton Boggs. Her key fields of expertise include restructuring and distressed transactions, corporate insolvencies and collapses, court-sanctioned schemes of arrangement, and out-of-court restructurings. The team primarily focuses on plaintiff-led disputes and is adept in a range of overseas jurisdictions including the US, UK, and Singapore; it is predominantly made up of other senior names from Banton’s previous practice including Shaan Palmer and Elliott Smith.

At Hamilton Locke, Zina Edwards leverages a documented track record in prominent restructuring matters and also routinely acts on distressed and performing portfolio transactions; she also represents non-bank lenders and special situation funds in respect of their stressed and distressed investments and jointly leads the practice alongside Nicholas Edwards, a specialist in corporate distress and insolvency who is particularly active in the retail, mining, media, construction and financial services sectors. Other thriving fronts for the practice include refinancing, distressed M&A, debt trading, enforcement, and loan to own transactions.

Perth-based Jackson McDonald is best known for advising in the construction mining and energy sectors. Practice head Eva Lin regularly acts for financiers, insolvency practitioners, companies and directors, on the full range of insolvency, restructuring, and enforcement matters, often advising on some of the largest cases in Western Australia.

McCullough Robertson fields a strong Queensland-based restructuring and insolvency team, regularly advising clients in the resources, finance, agribusiness, and government sectors, with particular expertise in cross-border matters. Scott Butler heads up the practice from Brisbane. In a notable arrival, David O’Farrell joined from HWL Ebsworth in June 2020.