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Kim MacKay

LLB (Hons), MIS

Partner - Melbourne

Areas of Expertise

Dispute Resolution & Litigation

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 and Litigation since 2017.  She has also been recommended for commercial litigation and dispute resolution in Doyle’s List in 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.

Publications

26 May 2020 - Knowledge

Will longer landlord lockouts become the new norm?

#Corporate restructuring, #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

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.

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

#Corporate restructuring, #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.