Biography

Sarah regularly acts for insolvency practitioners, business owners, directors, creditors and debtors across a broad-range of commercial disputes, with a particular focus on insolvency, partnership disputes and debt recovery.

Sarah advises and acts across commercial litigation, corporate and personal insolvency and professional indemnity insurance disputes. Her insolvency practice covers bankruptcy notices and creditor's petitions, public examinations, voidable transaction claims, breaches of directors' duties, and disputes involving resulting trusts, constructive trusts and the doctrine of exoneration. She acts for insurers on large and complex professional indemnity proceedings and advises enterprises on debt recovery. She also advises on contractual disputes between business partners and shareholders.

Sarah's practice spans complex insolvency proceedings arising from major corporate collapses, professional indemnity disputes involving multimillion-dollar claims and litigation before the Federal Court, Federal Circuit Court and ACT Supreme Court. She has conducted public examinations of directors and key personnel, pursued directors' duties claims under the Corporations Act and acted for Commonwealth government agencies in complex bankruptcy proceedings. Following her admission in 2013, she served as Deputy Associate to the Honourable Judge Nicholls of the Federal Circuit Court of Australia, giving her direct insight into the workings of the court.

Sarah's judicial associate background gives her an understanding of how courts approach complex insolvency and commercial matters that informs her litigation strategy. Her practice combines genuine depth in insolvency law with capability across professional indemnity insurance disputes, a combination that is uncommon at this level in the Canberra market.

Credentials

Academic qualifications:

• Bachelor of Laws (with honours) / Bachelor of Arts (The Australian National University)
  

Sarah's experience

Bankruptcy trustees — Resulting trust proceedings

Acted for bankruptcy trustees in proceedings commenced by a bankrupt's mother-in-law seeking declarations that the trustees' interest in real property was held on resulting trust. Successfully defeated the applicant's claim and secured indemnity costs in favour of the trustees.

Liquidator — Public examination and directors' duties proceedings

Advised and acted for a liquidator in the public examination of directors and key staff arising from the collapse of a controversial building company in the ACT in 2020. Following examination, commenced proceedings against the directors for breach of directors' duties and recovery of property under Part 5.7B of the Corporations Act 2001 (Cth).

Professional indemnity insurer — lawyer negligence proceedings

Acted for a professional indemnity insurer in complex proceedings concerning alleged lawyer negligence in signing a binding financial agreement under section 90C of the Family Law Act 1975 (Cth). The proceedings resolved following mediation on terms favourable to the insurer.

Commonwealth Government Agency — Complex bankruptcy

Acted for a large Commonwealth Government Agency in connection with a complex bankruptcy, securing a strong return to the Commonwealth.
High net worth individual: breach of contract and misleading conduct defence
Acted for a high net worth individual and associated companies in defence of a breach of contract and misleading and deceptive conduct claim.