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Ian Walker
|Partner

Ian Walker is one of Australia's leading insolvency and restructuring specialists. He has more than 30 years' experience in security enforcement for all types of creditors, banking litigation, and insolvency, restructuring 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 for restructuring and insolvency in a number of independent legal guides, including Chambers Global, Chambers Asia Pacific, IFLR1000, Asia Pacific Legal 500 Guide, PLC Which Lawyer?, and Best Lawyers: Australia.

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 Section of the Australian Restructuring Insolvency and Turnaround Assosication (ARITA).

Ian wrote the Australian chapter in Expedited Debt Restructuring: An International Comparative Analysis published in 2007 by Kluwer Law International; the Australian Chapter in Cash Pooling and Insolvency – a Practical Global Hand Book, published in 2012 by Globe Law and Business; and the Australian Chapter in Financing Company Group Restructurings, to be published in 2015 by Oxford University Press. 

25 January 2016

Late last year, the High Court handed down its decision in Commissioner of Taxation v Australian Building Systems Pty Ltd (in liq) [2015] HCA 48. The ATO has recently issued a Decision Impact Statement (DIS) setting out its view of the consequences of the High Court's decision.

11 December 2015

The High Court's decision in Commissioner of Taxation v Australian Building Systems Pty Ltd (in liq) held that, in the absence of an assessment, a liquidator is not required to retain funds from asset sale proceeds in order to meet a tax liability which could become payable as a result of a capital gain made on the sale. In doing so, the majority of the High Court affirmed the decision of the Full Federal Court and provided long awaited guidance to liquidators, receivers and administrators.

20 April 2015

The High Court has granted special leave to appeal the decision in Commissioner of Taxation v Australian Building Systems Pty Ltd (in liq) [2014] FCAFC 133 which held that a liquidator is not required to retain funds from the proceeds of sale of an asset to pay tax before an assessment is issued.

25 July 2014

This week the Full Federal Court unanimously overturned the decision to refuse ASICS's application to remove the liquidators of Walton Construction Pty Ltd, which had been appointed though a referral by the Mawson Group. The case presents a warning to insolvency practitioners who may find themselves overly dependent on a single source of referral work.

22 May 2014

The Personal Property Securities Register (PPSR) does not require the person registering a security interest to file the underlying security agreement with the PPSR. As an electronic register that permits registration to occur online, the PPSR is accordingly open to obvious abuse where a person is prepared to lodge a sham financing statement.

2016