Kate Chinnery
Special Counsel, Adelaide
I specialise in recovering secured assets while acting for banks and other lenders, including in relation to receivership matters. This can involve representing my client in Supreme Court proceedings to obtain possession of real property.

In these cases, I aim to negotiate a resolution by voluntary surrender of the secured assets.

My practice includes acting for insolvency practitioners in claims regarding uncommercial transactions and unfair preferences. I am often involved in the pre-litigation stage, which ensures I can assist my clients to resolve disputes without incurring the cost or risk of court proceedings.

Career highlights

  • Assisted banks and other lenders, most notably, ANZ, HomeStart Finance, RedZed Lending Solutions and Westpac Banking Corporation
  • Advised on disputes involving asset tracing, bankruptcy, debt recovery, security enforcement, unfair preference claims and winding up
  • Represented a financier in settling a Supreme Court claim brought by a borrower alleging contraventions of the National Credit Code and Australian Securities and Investments Commission Regulations, as well as undue influence
  • Worked with a major bank on a substantial rural exposure to have borrowers deliver up the secured property, then managed the subsequent appointment of receivers to effect sale of the holdings
  • Acted for bank and non-bank mortgagees in Supreme Court proceedings to obtain possession of secured properties, including by negotiating voluntary surrenders to avoid the risk and cost of litigation
  • Helped receivers negotiate pre-litigation outcomes in the recovery of secured assets
  • Reviewed the security position of major lending institutions and financiers, and advised on enforcement options
  • Prosecuted and defended claims by liquidators concerning unfair preferences, uncommercial transactions and insolvent trading
  • Registered as a member of the Australian Restructuring Insolvency and Turnaround Association, a committee member of the Women’s Insolvency Network South Australia and a committee member of the Law Council of Australia
  • Provided pro bono legal assistance to disadvantaged individuals through referrals from JusticeNet