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 and Litigation since 2017. She has also been recommended for commercial litigation and dispute resolution in Doyle’s List in 2019.
Kim has acted in a range of matters, including:
26 May 2020 - Knowledge
#Corporate Restructuring and Insolvency, #Dispute Resolution & Litigation, #Property & Real Estate, #COVID-19
In two recent decisions, the Federal Court has allowed administrators to continue to occupy leased premises rent-free for an extra month. Should landlords be worried that this trend will continue? Whilst the decisions were undoubtedly made in the extraordinary circumstances of COVID-19, it is not difficult to see a precedent being established with similar orders being made more frequently in the future.
20 May 2020 - Knowledge
#Dispute Resolution & Litigation, #COVID-19
A recent ACCC penalty against BUPA is a timely warning against fees for no service in the post-COVID era.
19 June 2019 - Knowledge
#Dispute Resolution & Litigation
A narrow majority of the High Court has dismissed an appeal by ASIC, finding that a general store owner’s informal ‘book-up’ system that supplied credit to Anangu customers in South Australia’s APY Lands was not unconscionable.
26 March 2019 - Knowledge
#Dispute Resolution & Litigation, #Corporate & Commercial Law
The news that IOOF’s CFO has secured separate legal representation to that of his company in Australian Prudential Regulation Authority’s action against five IOOF directors and executives has delivered an important reminder to all senior executives
27 November 2018 - Knowledge
#Corporate Restructuring and Insolvency, #Dispute Resolution & Litigation
Significant insolvency legislative reforms were introduced in 2017. One year on, we assess what changes, if any, these reforms have had on the insolvency market in Australia.
11 Feb 20 to 10 Nov 20 - Brisbane
This series will equip you with the knowledge and tools to buy and/or sell better, will ensure you remain compliant in this increasingly regulated environment, and will maximise your chances of success and beat off the competition.
27 Oct 20
Partners, Toby Boys and Carl Hinze will discuss shareholder disputes, including when a claim for relief from oppression under the Corporations Act may be sought to protect minority shareholders.