Ben Renfrey Partner

Ben is an insolvency and reconstruction lawyer with experience in insolvency, reconstruction and recovery related litigation.

He acts for insolvency practitioners in their capacity as liquidators, voluntary administrators, deed administrators and receivers, as well as for corporate borrowers seeking to restructure.

Ben has several years' experience acting in various large and complex disputes and Court related matters. He has particular experience in advising insolvency practitioners and secured creditors on insolvency related matters and insolvency recovery actions (acting for both liquidators and defendants), insolvency and other Corporations Act Court applications, general commercial and contractual disputes, judicial review applications and appeals.

Ben is a Deputy Chair of the Law Council of Australia’s Insolvency and Restructuring Committee. He has been regularly recognised since 2015 as a leading lawyer in Insolvency and Restructuring, Commercial Litigation and Alternative Dispute Resolution by Best Lawyers and Doyles Guide. Ben was recognised as a pre-eminent lawyer in Insolvency and Restructuring in Doyles Guide in 2020 and 2021.

Experience

Insolvency

A National Bank

Advising the receivers and their appointor (a national bank) in relation to the receivership of an oyster growing company with approximately 100 staff and operations across five oyster farms in South Australia and Tasmania. Also prepared sale documentation for several sales of the company’s business and assets and settled on those sales.

A National Company

Advising a national company on the purchase of an Adelaide based fire inspection and testing business following its entry into voluntary administration. The sale was completed on the day the administrators were appointed.

Insolvency related dispute resolution

Civil & Allied Construction Pty Ltd (CATCON)

Acted in a $35m arbitration commenced by a subcontractor regarding the construction of a wind farm for AGL at Silverton, NSW against CATCON.

Publicly Listed Company

Acting for the liquidators of a publicly listed company in a circa $100 million claim in the Supreme Court of Victoria against the auditors of the company for failing to detect various financial reporting irregularities.

International Accounting Firm

Acting for an international accounting firm in the defence of a $200 million audit negligence claim brought by the receivers and managers of a listed national retail company and its financier.

A National Bank

Advising a national bank, and receivers and managers appointed by the bank, in relation to a $22 million fraud against the bank, including obtaining freezing orders against various parties and undertaking public examinations of the defendants.

Recognition

Career & qualifications

Qualifications

  • Bachelor of Laws and Legal Practice (Hons), Flinders University of South Australia
  • Bachelor of Arts (Politics), Flinders University of South Australia

Memberships

  • Law Society of South Australia
  • Law Council of Australia (Business Law Section)

Insights Read more insight

The Court's broad power to terminate security interests

In this article, we unpack a case that highlights the Court's broad power to terminate security interests pursuant to s 90-15 of the Insolvency Practice Schedule (Corporations).

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Launching our 2023 Insolvency & Restructuring Case Summaries publication

We are delighted to share with you the next edition of our Insolvency & Restructuring Case Summaries. With over 45 case summaries highlighting the key takeaways and the practical implications for...

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Deeds of cross guarantee – be aware of the ongoing obligations

As many companies are required to lodge annual financial statements this month, we hope this note serves as a timely reminder to ensure that your company is meeting its ongoing obligations under...

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News

Presentations

  • “Lessons Learnt during the Transitional Phase of the PPSA” – Legalwise Seminar, InterContinental Hotel, March 2014

External publications

  • “The priority of debts incurred during a trading DOCA — all creditors beware” Insolvency Law Bulletin, 2013
  • “Court approval of administrator’s fees — what to expect when the administrator’s conduct is the subject of complaint” Insolvency Law Bulletin, 2013