Restructuring and Insolvency
Wayne Kelcey
Wayne is a leading litigation and insolvency expert, with over 20 years' experience, specialising in large and complex commercial disputes in all jurisdictions, including commercial arbitrations.
These disputes have incorporated insolvency related disputes, shareholder and partnership disputes as well as major construction and intellectual property litigation.
Wayne’s focus is on delivering the best possible commercial outcomes when it comes to litigation and dispute resolution, and clients appreciate his strategic approach and quick identification of issues.
His clients include well known international corporates, manufacturers, building companies and many of Australia’s leading accounting and insolvency firms. Specifically, Wayne has developed very strong relationships within the insolvency industry and has acted in a number of high profile insolvencies from a variety of perspectives. He has also acted for a number of clients in relation to large complex litigation matters.
Wayne has been recognised in The Best Lawyers in Australia in Litigation every year since 2016 . He is also recognised as a Recommended Insolvency and Restructuring Lawyer 2018 in the Doyle’s Guide to the Australian Legal Profession.
He is a member of the Melbourne Central Insolvency Discussion Group and is a regular presenter at various insolvency conferences nationally and is the co-author of the PPSA Survival Guide for Insolvency Practitioners.
Scott Butler
With over 25 years’ experience, Scott is a leading commercial dispute resolution lawyer with a broad practice working with clients, company directors, and advisers in a range of sectors.
Scott combines his industry knowledge with strong technical and dispute resolution skills to provide innovative, commercial, and cost-effective solutions.
Specialising in restructuring and insolvency, Scott is recognised as one of Queensland’s leading and most experienced lawyers in this field. As an expert in distressed turnarounds and restructures, Scott often works collaboratively with other turnaround and restructuring professionals, assisting with and documenting corporate restructures, and advising company directors in relation to their duties.
Scott is a former chair of the Insolvency and Restructuring Committee of the Law Council of Australia. Scott is a Fellow of INSOL International and an expert in cross-border insolvency law.
David Dickens
David's expertise covers workouts, creditor claims, directors’ duties, voluntary administration, deeds of company arrangement, receivership, liquidation, distressed debt trading and acquisitions, and bankruptcy.
David is a trusted adviser to banks and other lenders on all aspects of security enforcement.
David also advises on property matters, acting for national landlords, significant tenants, investors and developers in real estate disputes.
As a commercial litigator, he regularly acts for clients in disputes involving complex contractual issues, trusts, misleading and deceptive conduct and regulatory obligations. He has appeared in the Supreme Court of Victoria, the Federal Court and VCAT and represents clients in mediations and arbitrations.
David is a regular presenter on topics relating to restructuring, insolvency and real estate.
McLane Edinger
McLane specialises in estate, will and trust disputes, complex estate administration and elder abuse. He has acted and advised on several large-scale and high-profile estate disputes in both the Supreme Court of WA and Court of Appeal, including multi-jurisdictional estates.
McLane also practices in commercial dispute resolution and insolvency.
McLane provides his clients with thoughtful, practical, and commercial advice and guidance.
Adrian Lasky
Adrian has been involved in litigation across a wide range of matters including corporate and personal insolvency, banking and finance litigation, property and contractual disputes. Adrian has broad experience in litigation and enforcement matters before all Victorian Courts, other State Courts, the Federal Court and Federal Circuit Court of Australia, and VCAT. Adrian’s clients include corporate insolvency (including receivers, administrators and liquidators) and personal insolvency practitioners (bankruptcy trustees).
Katherine Payne
Katherine’s primary expertise is in corporate insolvency, the PPSA, contractual disputes, misleading and deceptive conduct, and building and construction litigation in an insolvency context.
Katherine partners closely with her clients to achieve their best strategic outcome efficiently and effectively. She proactively seeks an early favourable outcome. Where this is not available, emphasis on commerciality and strategic decision-making drive her management of formal disputes.
Katherine’s clients include many well-known insolvency practitioners, advisory accountants, financiers, national and international corporates, suppliers and manufacturers of a variety of goods, and logistics providers.
Katherine regularly publishes articles and presents to clients and associations from a range of sectors, particularly on insolvency issues and regarding the impact of PPSA on their business. She has published PPSA: A Practical Guide for Financiers, and written and developed the PPSA Online Checklist, the first online PPSA claim assessment tool for insolvency practitioners.
Katherine sits on the Vic/Tas Committee of the Australian Reconstruction, Insolvency and Turnaround Association and is a Board Member of The Song Room, a national not-for-profit organisation which partners with schools to deliver music and arts programs for children in areas of disadvantage
Hector West
Hector is a partner in the Hall & Wilcox Commercial Dispute Resolution team and is the office partner in charge of the Hall & Wilcox office in Perth. He has specialised in commercial dispute resolution, insolvency and bankruptcy for more than 20 years.
He has extensive experience in commercial dispute resolution matters and his clients include large corporates, high net worth individuals, financial institutions, accounting firms and government bodies. More specifically, his experience includes acting in disputes in relation to the Australian Consumer Law, financial services law, corporations, partnership law, equity, collection of overdue Federal tax debts and regulatory investigations.
He is also experienced in insolvency and bankruptcy matters, including acting and advising insolvency practitioners, directors, financial institutions in various claims and actions arising under security agreements, the Corporations Act or Bankruptcy Act.
Mark Petrucco
Mark lead's the Commercial Dispute Resolution team at Hall & Wilcox. He specialises in corporate insolvency matters, commercial litigation and corporations law disputes, intellectual property and copyright litigation, and financial services disputes including securities enforcement. He also has extensive experience working with banks and wealth funds, and advising on matters related to Royal Commissions and inquires.
Mark acts on behalf of a number of national clients on large pieces of commercial litigation and disputes in financial services industries.
Team Services
In situations where insolvency occurs, it is vital to have access to proactive and highly commercial advice.
We have one of Australia’s leading insolvency teams. We have worked on some of Australia’s most complex and high-profile insolvencies, and regularly work with Australia’s large and mid-market banks, accounting firms and corporates in the area of insolvency.
Using a multi-disciplinary approach, we advise on all aspects of insolvency including restructuring, turnarounds and management of creditors. We have leading practices in employment, banking and financial services, commercial disputes and commercial transactions, which enables us to deliver full-service insolvency advice.
We advise on:
- bankruptcy, receivership, voluntary administration and liquidation;
- corporate recovery and workout arrangements, and schemes of arrangement;
- applications to the court for the appointment of a liquidator, provisional liquidator and receiver or trustee;
- debt moratoriums, standstill agreements and refinances;
- employment issues stemming from insolvency;
- property and leasing issues arising out of insolvency;
- distressed and insolvent trading;
- security enforcement;
- white collar crime and breaches of directors’ duties;
- corporate reconstruction;
- priority issues arising out of competing interests of employees, creditors, registered and unregistered securities, liens and insolvency practitioners’ fees;
- the sale of property and businesses for insolvent entities;
- Personal Property Securities Act (PPSA) and retention of title issues;
- management of businesses and assets; and
- mergers, acquisitions and due diligence.