Scott acts for insolvency practitioners, secured creditors, directors and property stakeholders in corporate insolvency, restructuring, property litigation and related disputes. He draws on more than 25 years of experience in finance, insolvency and property.

Biography

Scott acts for receivers, liquidators, administrators, bankruptcy trustees, directors, company officers and secured creditors across the insolvency, finance and property sectors. He is based in Brisbane and acts nationally.

Scott advises across the full range of insolvency work, from asset identification and preservation through to recovery proceedings, public examinations and contested creditor disputes. He acts for administrators on complex administration processes including capital raisings and DOCA structures. He also advises on property litigation including joint venture disputes, priority disputes and fraud claims. He represents directors and officers in response to ASIC investigations and enforcement actions.

Scott has more than 25 years of experience in insolvency and property. His recent matters include acting for the largest creditor of Project Sea Dragon (A$14 million) in proceedings that will be the first time an Australian appellate court considers whether a terminated DOCA can compel repayment of funds paid into a deed fund. He acted for the administrators and deed administrators of Alertvale, a mining services company, achieving a DOCA that preserved the employment of 300 workers. He also represented Deloitte as administrators and liquidators of Redflow Group across complex pooling and tax refund distribution proceedings.

Scott is a National Board Member and Queensland Chairperson of the Turnaround Management Association of Australia and Chair of the Law Council of Australia’s Business Law Section Insolvency and Restructuring Committee.

Credentials

Academic qualifications:

Scott's experience

Canstruct — Project Sea Dragon creditor proceedings

Acted for Canstruct, the largest creditor (A$14 million) of Project Sea Dragon, in proceedings arising from the collapse of what was intended to be Australia’s largest prawn farm. Successfully terminated the original DOCA on grounds of being unfair or commercially immoral, placing the company into liquidation. Subsequently represented Canstruct in Court of Appeal proceedings considering, for the first time in Australia, whether a terminated DOCA can compel repayment of funds paid into a deed fund. Decision awaited.

Deloitte — Redflow Group administration

Acted for the administrators and liquidators of Redflow Group, a zinc-bromine flow battery company, including securing an extension for the creditors’ meeting and representing the client in court proceedings seeking pooling orders or directions on distributing substantial tax refunds across a complex multi-entity group structure.

Alertvale Pty Ltd — Mining services administration

Acted for the administrators (and deed administrators) of Alertvale, a mining and industrial field services company. Formulated and obtained creditor approval for a DOCA incorporating a business sale to a related entity, preserving the employment of 300 workers and maintaining operational continuity in the mining services sector.

Health technology provider administration

Acted for the administrators of a listed health technology provider, navigating a capital raising and advising on limiting administrators’ personal liability during a lengthy administration period.

Listed entity — PPSA priority disputes

Acted for the liquidators of a listed entity in priority disputes with PPSA creditors, providing advice on vesting of interests, conducting public examinations and acting in uncommercial transaction and breach of director duties proceedings.

Awards, recognition and ranking