Dominic Emmett and Alexandra Whitby have recently authored the Australia chapter in the International Comparative Legal Guide to: Corporate Recovery & Insolvency 2017.
Dominic heads the Restructuring and Insolvency Group at Gilbert + Tobin and brings over 30 years of significant local and international experience, including acting on some of Australia’s largest workouts and insolvencies.
Dominic specialises in non-contentious restructuring and insolvency work for banks and financial institutions, as well as special situation groups and distressed debt funds. His expertise includes preparing and negotiating standstill and forbearance arrangements; debt restructuring and schemes of arrangement; structured administration and receivership sales; and advice to directors, receivers, administrators and liquidators.
Recent and current roles in the resources sector include advising the majority noteholders and administrators of Mirabela Nickel, the ad-hoc committee of noteholders on Paladin Energy, a major secured noteholder on Boart Longyear, the majority group to term lenders on Atlas Iron, KKR, BIS and its directors on BIS Industries restructure of its debt facilities, PAG in the recapitalisation of Straits Resources and the administrators of Arrium. He has also advised on the restructures of Consolidated Minerals and Norke Skog, among others.
Otherwise Dominic was or is involved in a significant if not a lead role in Emeco, Ten Network, Slater & Gordon, Toys”R”Us, Nine Entertainment, Westpoint, Ansett, Billabong, Alinta Energy, I-Med, Centro, Freight Link, Cross City Tunnel, Brisconnect, RiverCity, Timbercorp, Walter Construction, MF Global, Top Ryde, Allco Finance, Raptis and FAI.
A focus of Dominic’s practice is early intervention and creating restructuring solutions outside the formal insolvency processes, albeit often using the threat of formal processes to encourage, or using the formal process to give effect to, restructurings. Emphasis can be placed on solutions involving a balance sheet restructuring as an alternative to preserve value, as distinct from a more traditional asset realisation only program.
Dominic’s principal areas of practice include: acting for borrowers and issuers in the local and international finance and debt markets; advising in respect of near insolvency situations (including directors’ obligations, potential personal liability exposure and the various alternatives available to corporations in near insolvency situations); negotiating and documenting standstill and refinancing arrangements; receiverships, administrations and liquidations as well as jurisdictional issues in international insolvencies (in particular, Australia, the United Kingdom and the United States).
+61 2 9263 4191