Cross-border reconstruction

Through our international network of offices and relationships, MinterEllison’s reconstruction team works in ‘real time’ and across borders. Our team has a proven ability to work collaboratively with advisers in other jurisdictions and understands the ways in which insolvency laws can interact. Our experts have detailed knowledge and experience in the operation of the Cross-Border Insolvency Act 2008 (Cth).

We advise foreign investors on their ability to execute turnaround strategies with Australian debtors or foreign assets controlled by insolvent entities in Australia. We represent Australian insolvency practitioners seeking to recover assets located overseas and foreign insolvency practitioners seeking to be recognised in Australia to enable the realisation of domestic assets. We also advise Australian financiers on managing their exposure to distressed borrowers based in South East Asia or Australian borrowers with significant assets overseas.

Lehman Brothers ISDA close-out dispute

Acted on behalf of ANZ in the Lehman’s bankruptcy, advising on a close-out dispute under an ISDA contract.