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Ian Walker

Ian Walker is one of Australia's leading insolvency and reconstruction specialists. He has more than 25 years' experience in security enforcement for all types of creditors, banking litigation, and insolvency, reconstruction and work out issues.

While Ian 's practice spans a wide range of industries and private and public sector clients, he has extensive experience in the financial services industry.

Ian advises insolvency appointees including liquidators, receivers, administrators and deed administrators on creditors rights, their powers and duties and on the full range of commercial and legal issues that face insolvency practitioners during the course of an insolvency administration. He also advises third parties affected by insolvency such as creditors and directors. This includes advising company directors on the governance issues that face them when insolvency is imminent and drafting schemes of arrangement and deeds of company arrangement involving large numbers of creditors and complex corporate structures.

Ian's broader practice encompasses litigation and commercial dispute resolution. He acts for government, statutory corporations and corporate clients on a range of litigious and non-litigious matters principally in the areas of contractual disputes and trade practices legislation. He has significant banking and finance litigation experience, acting for banks with regard to securities lending exposure.

Ian has also been involved in complex commercial litigation in the Superior courts, either Federal or State in contested litigation.

Ian advises a wide range clients including NAB, CBA, and Deloitte.

Ian is named as a leading individual (top tier) for restructuring and insolvency in the IFLR1000 (2012), Asia Pacific Legal 500 Guide (2011) and Chambers Global (2011), PLC Which Lawyer? (2010), (as a 'leading' insolvency lawyer) and was named as one of the leading insolvency lawyers in Best Lawyers: Australia (2011).

He comments regularly on insolvency law reform issues and is a member of the Law Council of Australia's Insolvency and Reconstruction sub-committee and is a member of the International Bar Association, Insolvency Reconstruction and Creditors Rights Section (SIRC). He is also a member of the Law Council of Australian Insolvency and Reconstruction Sub-Committee and Insolvency Practitioners Association of Australia (IPA).

Ian wrote the Australian chapter in Expedited Debt Restructuring. An International Comparative Analysis published in 2007 by Kluwer Law International. He also wrote the Australian Chapter in Cash Pooling and Insolvency – a Practical Global Hand Book, published in 2012 by Globe Law and Business.

24 February 2014

Last Friday, Justice Logan of the Federal Court handed down the much anticipated decision in Australian Building Systems Pty Ltd v Commissioner of Taxation [2014] FCA 116.

21 February 2014

On 13 February 2014, Justice Davies of the Federal Court of Australia handed down her decision in Australian Securities and Investment Commission v Franklin, in the matter of Walton Construction Pty Ltd (in liq), dismissing an application by ASIC to remove the liquidators of the subject companies because of an apprehension that they may lack independence and impartiality. The decision provides useful guidance for insolvency practitioners in determining whether they satisfy the requirement of independence and impartiality and what needs to be disclosed in a DIRRI.

17 December 2013

The High Court has confirmed that the liquidators of a landlord can disclaim a lease, with the effect of terminating the tenant's leasehold estate or interests in the land.

25 September 2013

A recent decision by the Supreme Court of New South Wales in the matter of Dalma No 1 Pty Limited; Application of Bruce Gleeson and David Shannon, joint and several liquidators of Dalma No 1 Pty Limited and anor, has highlighted an important limitation to section 560 of the Corporations Act 2001. Funds must now be advanced to the company to enable the employees to be paid – not advanced directly to employees.

9 July 2013

On 27 June 2013, Justice Brereton of the Supreme Court of New South Wales handed down his decision in the matter of Maiden Civil (P&E) Pty Ltd; Richard Albarran and Blair Alexander Pleash as receivers and managers of Maiden Civil (P&E) Pty Ltd & Ors v Queensland Excavation Services Pty Ltd & Ors. This is the first Australian case to give substantial consideration to the priority of competing security interests under the Personal Property Securities Act 2009. The decision is a seminal one for insolvency practitioners and financiers, clarifying key provisions and rules under the PPSA.