Artboard 1Icon/UI/CalendarIcons/Ionic/Social/social-pinterestIcon/UI/Video-outline

Kim MacKay

LLB (Hons), MIS

Partner - Melbourne

Areas of Expertise

Dispute Resolution & Litigation


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 the 2021 Doyle’s Guide.


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.


05 May 2021 - Knowledge

Insolvency reforms cause permanent increase to the statutory demand threshold

The Federal Government has foreshadowed further changes to Australia’s insolvency laws. These changes build on the raft of measures introduced over the previous year.

10 February 2021 - Knowledge

When the general becomes personal – Westpac, ASIC and the meaning of personal advice

#Superannuation, Funds Management & Financial Services, #Dispute Resolution & Litigation

The High Court has clarified what constitutes personal financial product advice in an important decision for the financial services industry and retail consumers.

26 May 2020 - Knowledge

Will longer landlord lockouts become the new norm?

#Corporate Restructuring and Insolvency, #Dispute Resolution & Litigation, #Property, Planning & Development, #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

The end of the beginning: How will the ‘new normal’ affect businesses’ consumer law obligations?

#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.