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Anna Smith

Special Counsel
Fax +61.3.9205.2055

Ms. Smith acts in a variety of commercial litigation matters and has expertise and experience in banking and finance litigation along with corporate and personal insolvency related litigation.

She acts for a wide range of clients including listed and unlisted companies, banks, financiers, and a number of insolvency accounting firms.

  • Acting for the major Australian banks in all aspects of insolvency, including the appointment of receivers and managers, agents as mortgagee in possession and voluntary administrators.
  • Acting for the receivers and managers of a publicly-listed company which operated agricultural managed investments schemes which was placed into administration and receivership owing in excess of AUD50 million, including advising the receivers and their appointor (the Commonwealth Bank of Australia) generally and in relation to a successful application to wind up the schemes, instructing at the six day trial of the winding up application, corresponding with scheme investors and their solicitors, responding to legal material filed by the investors in opposition to the winding up and liaising with the Australian Securities & Investments Commission, preparing for and instructing at the appeal subsequently brought by the investors (which was dismissed by a unanimous decision of the Court of Appeal).
  • Acting for the administrators of a company which operated various nursing homes across Victoria and which owed creditors a combined total in excess of AUD20 million at the commencement of the administration, including obtaining an extension of the convening period as defined in the Corporations Act 2001 (Cth) and advising the administrators in relation to their negotiations with the Department of Human Services (including negotiating and preparing a deed of funding in favour of the administrators), the secured creditor and advising on all aspects of the administration, including the sale process.
  • Acting for a bank in connection with enforcing the bank's right to possession of a property subject to a life tenancy agreement, and advising the bank regarding the claims of executors and creditors of the deceased estate.
  • Acting for a bank in connection with recovering approximately AUD2 million of debts owed by a company and its director, in circumstances where the bank had failed to register its security, including an application for judicial sale of the security property.
  • Acting for the receivers and managers of a publicly listed electrical retailer; advising the receivers and managers on all aspects of the receivership, including supplier retention of title claims and purchaser claims under the Sale of Goods legislation.
  • Acting for a bank in proceedings for the recovery of amounts due and possession of various security properties, in which the defendants alleged that they did not understand the guarantees they had given and that the bank had taken advantage of this fact. Ms. Smith successfully negotiated a resolution of the proceeding pursuant to which the bank's debt was repaid in full.