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Ian Walker
|Partner

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.

Expertise
Professional Background
Publications & Media
Minter Ellison Alert | Receivers and client legal privilege update
3 December 2012

A recent decision of the WA Court of Appeal in Carey v Korda [2012] WASCA 228, delivered on 15 November 2012, confirms receivers retain privilege in communications with solicitors even though they are agents for the insolvent company.

Minter Ellison Alert | Mortgagees and ATO section 260-5 notices – be aware!
19 September 2012

The Commissioner of Taxation has been successful in using a garnishee notice in a novel way to take priority over a secured creditor on the disposal of secured property. While garnishee notices issued after the commencement of a winding up have previously been ruled to be invalid, garnishee notices may in certain circumstances still prevent secured creditors receiving the proceeds of the sale of a secured asset.

Alert – Administrator's liens: Priority may be defeated by a competing lien
16 April 2012

An insolvency practitioner taking an appointment as a voluntary administrator under Part 5.3A of the Corporations Act will commonly not have the benefit of an indemnity from their appointor for the fees, liabilities and expenses which are incurred during the administration.

Liquidators of landlords cannot disclaim tenants' leasehold interests
21 February 2012

Can the liquidator of a landlord disclaim a lease so that the tenant no longer has any interest in the land? This question has now been answered with a resounding no. The issue was determined by the Supreme Court of Victoria in its decision on a preliminary question that was handed down last week, In the Matter of Willmott Forests Ltd (in liquidation) [2012] VSC 29 (Willmott).

Alert – Insolvency anti-deprivation rule – recent decision may impact many commercial contracts
19 September 2011

The UK Supreme Court (formerly the House of Lords) recently handed down an important decision in Belmont Park Investments Pty Ltd v BNY Corporate Trustee Services Ltd & Lehman Brothers Inc. The case concerned the validity of a 'flip clause' in some complex structured finance documentation. In essence, the "flip clause" provided that the priority creditor A enjoyed over creditor B would 'flip' or reverse in the event of the insolvency of creditor A.
2013