Restructuring + Insolvency
Our Restructuring + Insolvency lawyers work closely with our Corporate Advisory, Banking + Projects and Disputes + Investigations teams to ensure our clients receive a seamless service that meets their requirements and provides the best solution.
Our Restructuring + Insolvency lawyers are dynamic and valued for its pragmatic, commercial and partner-led service. The team has acted on the winning Restructuring & Insolvency deal almost every year for the past 12 years at the Australasian Law Awards, as well as a number of finalist deals.
Dominic Emmett, who heads the group, has been consistently ranked as one of Australia’s leading restructuring and insolvency lawyers in major legal directories including Chambers Global. We also have the highly rated Peter Bowden in our team in addition to our other senior team members.
Our restructuring and insolvency services include:
Distressed debt investing
Voluntary administrations, liquidations and receiverships
Disputes and applications arising in relation to all of the above.
Restructuring and workouts
Our experience includes advising:
- CBA with respect to the funding and restructuring of its A$44 million project financing facility made available to Campus Living Villages (Canberra) Pty Limited in connection with the University of Canberra Student Residences project.
- The project company – advising in connection with the financing, development, operation and restructuring of the University of Canberra Student Residences project, including with respect to
CBA’s financingof that project.
- The Liquidators of Cobar Consolidated Resources Ltd and its subsidiaries – acting in relation to the proceedings commenced in the Federal Court of Australia by the liquidators and one of the subsidiary entities, Silver Corporation of Australia Pty Ltd (in liquidation), against one of its former directors for insolvent trading breaches.
- Boart Longyear – advising a major secured
noteholderon its recapitalisation.
- Slater & Gordon on its A$727 million restructure and recapitalisation via inter-conditional schemes of arrangement, which included the novel use of a scheme of arrangement to secure the resolution of numerous actual and threatened shareholder class actions, the separation of Slater + Gordon’s Australian and European operations and the injection of significant funding from members of the new syndicate.
- KKR, BIS and its directors in relation to the restructure of the BIS Group’s debt facilities.
Emeco’smajority noteholdersin connection with the restructure of Emeco and the restructure and acquisition of Andy’s and Orionstone.
- The Australian subsidiary of Toys“R”Us and its directors on the impact of Toys“R”Us Inc filing for Chapter II.
- Arrium Administration (Insolvency and Restructuring Deal of the Year at the 2017 ALB Australasian Law Awards) – advising the administrators appointed to the Arrium group, including advising on the dual track IPO and trade sale process for MolyCop.
- Atlas Iron (Insolvency and Restructuring Deal of the Year at the 2016 ALB Australasian Law Awards) – advising the majority lenders on its restructure and recapitalisation.
- Mirabela Nickel - acting for the ad-hoc committee comprising the majority US noteholders and the administrators in relation to debt for equity restructure. Team members also advised on the subsequent restructure of Mirabela.
- Brisconnect – acting for PPB as receivers on claim against traffic forecasters.
- Paladin Energy – advising a JP Morgan-led ad-hoc group of convertible bondholders.
- The Ten Network and its Board on its restructuring initiatives.
- The majority noteholders of Norkse Skog in relation to the proposed restructuring strategies for the Australian part of the Norske Skog group.
- Acting as conflicts counsel for the receivers and managers of the RiverCity Motorway, including on the claim against the traffic forecasters.
Awards + Recognition
Gilbert + Tobin's Restructuring + Insolvency team is ranked by Chambers Asia-Pacific.
Gilbert + Tobin's Restructuring + Insolvency team is ranked Tier 1 by Legal 500.
"The strength of this practice is how well and seamlessly various partners work together across restructuring, M&A and litigation."
“A strong mix of technical expertise, pragmatism and client service. G+T have provided outstanding service on my engagements, always bringing the right person to the problem. Their depth of talent across the team is highly impressive.”
Insolvency & Restructuring Deal of the Year for the Wollongong Coal & Jindal Steel restructuring.
Insolvency & Restructuring Deal of the Year for the Paladin Energy restructuring