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Nicole Ward

Special Counsel
Fax +61.3.9205.2055

Ms. Ward acts in a variety of commercial litigation matters and has particular experience in corporate and personal insolvency, insolvency related litigation and loan recovery and securities enforcement.

Ms. Ward advises listed and unlisted companies, financial institutions and accounting firms on security enforcement and receiverships, liquidations and winding up proceedings, voluntary administrations and deeds of company arrangement, as well as bankruptcy proceedings.

Ms. Ward also handles a large number of loan recovery matters for banks and other financiers, including instituting proceedings against borrowers and guarantors and enforcing property mortgages without the need for proceedings to be commenced.

Additional Information

Ms. Ward has completed post graduate studies in advanced insolvency law and the recently introduced Personal Property Securities Act 2009 (Cth).
  • Regularly drafting documents for the appointment of receivers or administrators by financial institutions, advising on issues arising during receiverships, administrations and liquidations, drafting and negotiating deeds of company arrangement and deeds of forbearance, and conducting detailed reviews financier's security documentation. 
  • Currently acting for Australian banks in a large number of secured and unsecured loan recovery matters, including acting in proceedings for vacant possession of security properties, enforcing guarantees, defending claims of unconscionability made against banks, attending farm debt mediations and dealing with complaints made against banks to the Financial Services Ombudsman.
  • Acted for the liquidator of Atco Controls Pty Ltd (in liquidation) in the High Court of Australia in an action against its subsidiary Newtronics Pty Ltd (in liquidation) (receivers and managers appointed), and its appointed liquidator. The matter involved a claim by Newtronics' liquidator that he was entitled to retain certain settlement monies pursuant to a liquidator's equitable lien arising from the principles set in Re Universal Distributing Co Ltd (in liquidation) (1933) 48 CLR 171.
  • Currently acting for a large Australian bank in the recovery of a loan book totalling approximately AUD280 million made to investors in various managed investment schemes, including Willmott Forests Ltd (receivers and managers appointed) (in liquidation).
  • Successfully recovering amounts for a large Australian bank in a matter in which the bank had erroneously discharged a first registered mortgage, credited the associated loan account and issued statements to the borrower showing that the loan had been repaid in full.
  • Regularly acting for liquidators and bankruptcy trustees in actions for the recovery of preference payments and assets transferred by insolvent companies and individuals on an uncommercial basis.
  • Acted for Pioneer Electronics Australia Pty Ltd (Pioneer) in a successful retention of title claim against Wow Audio Visual Superstores Pty Ltd (WOW) (receivers and managers appointed) seeking recovery of stock valued at over AUD400,000. This matter involves consideration of the newly enacted Personal Property Securities Act 2009 (Cth) (PPSA) and its application to retention of title claims. Pioneer was one of the few creditors in the receivership of WOW to successfully make out its retention of title claim as a transitional security interest under the PPSA.