Appeared for the Australian Securities and Investments Commission, on application by disqualified director. Stay granted subject to extensive undertakings consented to by the Applicant.
Appeared on successful application to terminate winding up of a property development company, pursuant to s 482 of the Corporations Act 2001 (Cth), before the Corporations Duty Judge, Justice White, in the Supreme Court of New South Wales.
For Mr Peter Warne (Chair, Macquarie Group), in his capacity as the ASIC appointed investor representative, instructed by Arnold Bloch Leibler, Melbourne, in long-running winding up proceedings of an unregistered managed investment scheme pursuant to s 601EE of the Corporations Act 2001 (Cth) in the Federal Court’s Victorian Registry at first instance and on appeal, between 2008 and November 2016.
ASIC v GDK Financial Solutions Pty Ltd (in liq) (2016) FCA (Middleton J) (final orders in chambers)
ASIC v GDK (No 14)  FCA 459 (Gordon J) (approval of further settlement)
ASIC v GDK (No 11)  FCA 1034 (Dodds-Streeton J)
ASIC v GDK (No 8)  FCA 997 (Dodds-Streeton J) (ex parte for approval of compromise)
ZMB Australia Pty Ltd v Warne  FCAFC 65 (appeal) (approval of compromise where settlement fair and reasonable and in the best interests of the investors represented by respondent)
ASIC v GDK  FCA 710 (Gray J) (trial of priority dispute: question whether deed effective to transfer equitable interests claimed by vendor in relation to land which was an asset of scheme, which vendor claimed to hold in priority to claims of investors in scheme)
ASIC v GDK (No 6)  FCA 1092 (Finkelstein J) (ability of representative to compromise proceedings on behalf of a group)
AVS Property Pty Ltd v McMaster  FCAFC 81; (2010) 79 ACSR 89 (appeal) (conditions for discharge of mortgage on scheme property)
AVS Property Pty Limited v Western Retirement Village Management Ltd (In Liq)  FCA 512 (Ryan J) (appointment of representative on appeal)
ASIC v GDK (No 4)  FCA 858 (Finkelstein J)
ASIC v GDK Financial Solutions Pty Ltd (in liq) No 3  FCA 448, (2008) 169 FCR 497, (2008) 248 ALR 766 (Finkelstein J) (appointment as representative)
For the financial derivatives clients of MF Global, instructed by Arnold Bloch Liebler, in winding-up proceedings in the Supreme Court of New South Wales, and as contradictor to competing priority claims by Deutsche Bank AG and by MF Global (Singapore) Pte Ltd (in liq).
MF Global’s Australia arm held a $319 million trading book on behalf of about 13,000 clients.
Media coverage: MF Global collapse exposes local loopholes (SMH)
Counsel Assisting, instructed by NSW Crown Solicitors.
Acted for international reinsurer Hannover Re, instructed by Minter Ellison.