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Kim MacKay

Expertise

Kim is a partner in the firm's Dispute Resolution and Litigation practice, based in Melbourne.

Kim has extensive experience in insolvency, having acted for insolvency practitioners on some of Australia’s largest corporate collapses. She regularly advises insolvency practitioners, directors and creditors on all aspects arising out of insolvency situations including Safe Harbour, ipso facto, asset realisation, recovery proceedings and remuneration. She has particular experience in relation to the complexities arising out of insolvent trusts and managed investment schemes.

Kim also specialises in commercial disputes, including class actions, professional negligence, misrepresentation, oppression proceedings and contractual disputes, as well as investigations and proceedings in relation to competition and consumer protection. Kim works with clients to achieve their strategic objectives through the application of the most appropriate dispute resolution approach, while maintaining a commercial focus.

Kim regularly acts for companies and individuals in ASIC investigations and prosecutions, including advising in respect of compliance with notices issued under s33 of the ASIC Act and evidence at s19 examinations.

Kim was recognised as a “Rising Star in Litigation & Dispute Resolution in Australia” in the 2016 Doyle's Guide and has been recommended in Best Lawyers in Insolvency and Reorganisation Law since 2017 and in Litigation since 2018.

Experience

Kim has a wide range of experience both in Australia and overseas, including:

  • acting for Visy in relation to class action proceedings brought against it for alleged breaches of the Trade Practices Act
  • advising 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 class action, inter parties disputes, liquidator examinations and urgent injunction applications
  • advising 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
  • acting for the liquidators of Timbercorp Securities Limited, responsible entity of a large agribusiness managed investment scheme: including defending test cases relating to avoidance of investor loans
  • an appeal to the House of Lords in relation to a worldwide freezing order arising out of a US$350m global dispute
  • class action proceedings and ensuing settlement scheme (expert determination) on behalf of a multinational oil company
  • ACCC investigation and prosecution proceedings for a multinational company relating to price fixing allegations
  • ACCC proceedings for a multinational building and construction company relating to a proposed merger and acquisition
  • negotiations with the regulator on consumer protection issues arising out of the insolvency of telecommunication providers in the Global Financial Crisis
  • negotiating new supply contracts, recovering debts and administering the sale of assets in relation to insolvent companies in Australia, the UK, Europe and the United States of America
  • an Early Neutral Evaluation: in relation to a civil claim arising out competition law violations
  • breach of contract proceedings against a Nigerian telecommunications company
  • a variety of breach of contract, negligence and insolvency disputes for major Australian, international and multinational companies.

Publications

19 June 2019 - Knowledge

Book-up credit system not unconscionable

#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

Will your employer protect you if the regulator comes knocking?

#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

Insolvency: Year in review

#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.