REPRESENTATIVE EXPERIENCE
Katherine Smith
Acting for liquidators of Halifax Investment Services, a winding up involving over AUD250 million of assets (commingled across accounts held in Australia and New Zealand) and 12,500 investors, advising in relation to a wide variety of complex issues including cross border issues, trust funds and managing the multiple work streams in the liquidation, including proceedings against the former lawyers and former auditors in the Federal Court of Australia alleging the former lawyers failed to advise it of an obligation to hold client funds on trust, and alleging that the former auditors failed to designate the funds correctly in audits conducted in 2016, 2017, and 2018 breaching auditing standards.
Advising insolvency practitioners in relation to all aspects of the administration of four ASX/NSX listed entities in the life sciences industry, including a corporate advisory entity, asset manager of scientific intellectual property, investment fund manager, and a salesforce for pharmaceutical products.
Acted for administrators of a pick-up drop-off parcel delivery logistics business, including obtaining court orders on an urgent basis for the extension of the administration period to enable ongoing negotiation with multiple competing parties interested in acquiring the business from its administrator.
Advising and acted for insolvency practitioners in relation to voluntary administrations, liquidations, and bankruptcies, including in relation to competing priority claims, voidable transactions, and breaches of directors' duties.
Advising creditors on creditor meeting procedures and challenging Deeds of Company Arrangement.
Acting for liquidators in relation to examinations of directors and other officers in the Supreme Court of NSW and Federal Court of Australia, including successfully defending applications to set aside examination summonses.
Acting for insolvency practitioners in applications for fixing their remuneration.
Providing strategic advice to creditors and insolvency practitioners in relation to the tracing and recovery of funds.
Advising creditors and insolvency practitioners about key documents used during the insolvency process, including Creditors' Reports, Deeds of Company Arrangements, Creditors' Trust Deeds, Agreements for Sale and Purchase, and general security documentation.
Acting for wronged shareholders in oppression proceedings involving alleged forgery and fraud.