Acting for a top four Australian bank in reviewing securities, appointing receivers and managers over a trading fish and chip business, as well as over commercial property. As part of this engagement, we acted for the receivers appointed over the business and property in all aspects of the receiverships, including issues of food licences, leasing issues, interests of a former spouse of the director residing at one of the commercial properties, sale issues and liaising with the director, his lawyers and other advisers.
Acting for a large regional bank in relation to recovery possibilities (debt in excess of AUD18 million), issuing notices dealing with a potential purchaser of the debt and drafting deeds to reflect the agreement.
Acting for the receivers and managers appointed by a top four Australian bank in an application to allow the appointment to proceed over a motel business and a non-trading hotel business, which ultimately allowed the receivers to go into possession of the properties. We subsequently acted for the receivers in all aspects of the receiverships, including status of 'permanent occupiers' at the motel, liquor licence issues, attempts to obtain books and records from the owner, dealing with an alleged break in at one of the properties and, ultimately, all sale issues.
Appointing receivers and managers on behalf of a top four Australian bank over a rental car business. As part of this engagement, acting for the receivers and managers advising on over 300 Personal Property Securities Register (PPSR) interests benefiting the position of the appointing bank.
Advising a top four Australian bank with respect to defaults including appointing receivers over a motel property, advising the bank and documenting a deed of settlement for a related entity over a major tourist business in Tasmania resulting in the bank 'writing back' its loss provision of AUD4.5 million.
Acting for a large Australian bank appointing receivers and managers to a company carrying on a management rights business and in turn acting for the receivers and managers with respect to issues that arose, such as licensing, dealings with the body corporate, obtaining possession of the managers units, ongoing issues relating to protecting the management rights and steps to sell the management rights.
Acting for receivers and managers appointed to five separate companies over properties such as shopping centres, taverns, and commercial property in Australia. Issues involved in the receiverships included lease issues, conversion of property by former employees, OH&S issues involving dangerous goods, and funds transferred out of one of the company accounts inappropriately by a director.
Acting for a large regional Australian bank appointing receivers and managers over a pharmacy business and acting for the receivers in all aspects of the administration, including the sale.
Acting for court appointed receivers appointed by the Australian Securities and Investments Commission over an alleged Managed Investment Scheme and advising the receivers on all aspects of the administration.
Acting for financial institutions with respect to actions for alleged breaches of the Australian Corporations Act 2001 by proper authority holders.
Acting for Australian financial institutions in mortgage recovery matters.
Acting for Australian financial institutions in banking litigation matters.
Acting for financial institutions in litigation in Australian state and federal jurisdictions involving injunctive and declaratory relief.
Acting in litigation that involves guarantees and other financial documents for monies owing.
Acting for financial institutions in actions under the Australian Consumer Credit Code/National Credit Code.
Acting for Australian financial institutions and debt collection agencies in debt recovery matters.
Providing insolvency advice and assistance to a construction company with respect to building claims and set-off against liquidators of head contractor.
Acting for receivers appointed to a company and providing assistance with recovery of debtors.
Acting for global corporate client in relation to the orderly shutdown (without initially using an insolvency process) of subsidiaries in New Zealand and Australia.
Providing PPSA advice to corporate clients.
Acting for directors and shareholders of a company where injunctive relief was sought and the company sought to be wound up on the just and equitable ground.
Acting for liquidators of an incorporated legal practice in a trial relating to the dispute between partners. Provided advice regarding ongoing aspects of the liquidation.