Directors' Duties

MinterEllison’s lawyers have extensive experience advising directors on reconstruction related matters, devising and implementing workout plans – including insolvent trading, standstill agreements and other arrangements to support restructures and turnaround plans, breach of statutory directors’ duties and personal liability for various company taxes, and acting for directors in related proceedings.

We have advised directors affected by deeds of company arrangements on rights and remedies available and have been involved in complex litigation involving alleged breaches of directors’ duties.

We act for boards, individual directors, and directors on instruction from insurers.

Harris Scarfe insolvent trading claim

Acted for the non-executive directors of Harris Scarfe in an insolvent trading claim in which the liquidators claimed an amount in excess of $140 million from each director.

Debt restructure of Elders Group

Acted for the Elders Group in debt restructure negotiations with a syndicate of banks (and consequentially, in the sale of its agricultural services business and managing a staged exit of their forestry business).