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.
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.
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.
Acted in a $35m arbitration commenced by a subcontractor regarding the construction of a wind farm for AGL at Silverton, NSW against CATCON.
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.
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.
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.
This week, the Federal Court published judgments in three unfair preference claims brought by the liquidators of the Gunns Group. We acted for the liquidators in each proceeding.
A recent Federal Court decision serves as a helpful reminder to liquidators about the potential availability of warrants under section 530C of the Corporations Act 2001 (Cth).
On 17 May 2019, the Federal Court approved the scheme of arrangement between Angas and its Debenture Holders.