Kim MacKay

Expertise

Kim practices in dispute resolution & litigation with a particular focus on insolvency, complex commercial disputes, and class actions.

In insolvency related matters, she regularly acts on behalf of insolvency practitioners advising on all matters arising in the administration or liquidation of the Company, and has conducted applications to Court for directions, undertaken liquidators’ examinations, prosecuted proceedings against directors, advisors and other third parties on behalf of the insolvent company, and defended proceedings, including class actions, brought by investors and other creditors.

In respect to complex commercial disputes, she has acted for both plaintiffs and defendants in relation to breach of contract, negligence, misleading and deceptive conduct, oppression and breach of director duties cases.

She has acted for defendants in large-scale class actions which have involved management of significant volumes of discovery, conducting witness interviews and preparing lay witness statements, briefing experts, bringing and defending interlocutory applications, including appeals, and extensive trial experience.

Kim has been recognised by Best Lawyers in the category of Insolvency and Reorganisation Law since 2017 and Litigation since 2018. She has also been recommended for Commercial Litigation and Dispute Resolution in Doyle’s Guide since 2019.

Experience

Kim has acted in a range of matters, including:

• the administrators and liquidators of Willmott Forests Limited responsible entity of a large agribusiness managed investment scheme: including seeking various directions from the Courts, including up to the High Court, and bringing and defending multiple proceedings, including a Federal Court class action (including an appeal on an interlocutory issue), inter parties disputes, liquidator examinations and urgent injunction applications
• the administrators and liquidators of the Gunns Group of Companies, Australia’s largest forestry company: including seeking various directions from the Courts in relation to the sale and distribution of assets, and participating in inter-parties litigation in relation to attempts to reconstitute schemes
• the liquidators of Timbercorp Securities Limited, responsible entity of a large agribusiness managed investment scheme: including defending class action proceedings (including on appeal) and defending test cases relating to avoidance of investor loans
• the liquidators of Legend International in relation to voidable transaction proceedings against companies associated with Joseph Gutnick
• the administrators of Senvion GmbH, a German company which was one of the largest wind turbine manufacturers in the world, including defending Supreme Court proceedings arising out of the insolvency
• The special purpose liquidator of Pluton, an ASX-listed mining company, including applying for the practitioner’s appointment, other court applications and pursuing recovery action
• Aveo Group Limited: defending the retirement village operator in class action proceedings issued against it by residents for alleged misleading and deceptive conduct
• a number of clients in relation to shareholder disputes, oppressive conduct claims and other Corporations Act issues, including appeals to the Victorian Court of Appeal
• Moose Toys: in relation to worldwide litigation, including US class proceedings, brought against it by consumers and distributors arising out of a defective batch of toys
• Visy: in relation to class action proceedings brought against it for alleged competition law breaches.