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Brendon Watkins |
| Partner |
| BEc, LLB |
| Melbourne |
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Biography
Brendon joined Minter Ellison as a partner in 2000 after nine years as a partner at Dunhill Madden Butler. He has over 25 years' experience in advising clients on all aspects of insolvency (reconstructions, work-outs and formal appointments), securities enforcement, risk management, banking and finance litigation and general commercial disputes.
He is recognised as a leader in his field in independent publications such as the Legal Who's Who of Australia (nominated by peers in the profession), the Best Lawyers List for Australia (2008, 2009 and 2010)(again, nominated by peers in the profession), the Asia Pacific Legal 500 Guide (2005 to 2010 editions), Chambers Global (2006 to 2010 editions), IFLR1000 Guide to the World's Leading Financial Law Firms (2009 and 2010), PLC Which Lawyer? (2009) and the Guide to the World's Leading Insolvency & Restructuring Lawyers (2009).
Brendon's major clients include ANZ, Westpac, CBA, PricewaterhouseCoopers, McGrath Nicol, Ferrier Hodgson, Korda Mentha and Deloitte. He is the firm's national client relationship partner for ANZ.
Brendon is the lead partner advising the receivers and managers of the Great Southern Group, the largest receivership in Australia in 2009/2010. He also acts for the club banks advising on their exposure to the group.
Brendon acted as lead partner for a major Australian bank in connection with the Opes administration, advising on the bank's exposure under securities lending agreements and acting for the bank defending several claims instituted by investors. The Opes administration was the largest insolvency matter in Australia in 2008/2009.
Brendon is currently advising a major Australian bank on its exposures to Lehman Brothers and Griffin Coal, a major Australian bank on its exposure to Timbercorp, and has recently acted for a major Australian bank on its exposures to the Oz Minerals Group and Elders.
Brendon continues to act for the liquidators of eight of the mezzanine finance companies within the Westpoint Group, which was the largest profile insolvency matter of 2006. He is currently acting for the manager of several property trusts holding approximately 50% of the child care centres leased to ABC Learning, and in 2007 acted for a group of US noteholders seeking a recapitalisation of the Sons of Gwalia administration.
In 2005, Brendon acted for the directors and administrators of the ION group of companies, and from 2003 to 2005 Brendon acted for the receivers and managers of Western Metals Limited (then Australia's fourth largest mining company), having previously advised US noteholders in debt restructure negotiations.
Earlier engagements include acting for the receivers and managers of Centaur Mining & Exploration Limited and in other large scale insolvencies including Pasminco Mining and Ansett Australia.
He has advised a major bank on credit risks associated with two A$5 billion round robin facilities, and another major bank advising on default triggers in a $1 billion facility, following part nationalisation of a European guarantor bank in response to the recent credit crunch.
In terms of litigation, and in addition to defending claims in the Opes administration, Brendon has recently acted for the non executive directors in Harris Scarfe defending an insolvent trading claim for A$140 million, and for receivers and managers defending proceedings for wrongful appointment and conversion of assets totalling approximately A$20 million.
Brendon has presented conference papers and seminars on numerous topics including voluntary administration, voidable transactions, duties of directors, securities enforcement, third party cheques, retention of title clauses, invoice finance, shadow directorships, duties under s420A of the Corporations Act, pooling, dealing with pre-receivership contracts and most recently, on the Government's proposed reforms to Australia's insolvent trading laws.
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