I am one of only three lawyers in Australia to be recognised as a global expert in Insolvency and Restructuring in Expert Guides, 'Best of the Best' (2014 & 2016) and am listed in the Top 30 restructuring and insolvency practitioners globally in Expert Guides, 'Best of the Best' for 2020. Chambers Asia Pacific Guide (2020) reports that Brendon Watkins is eminently respected for his practice, which encompasses both formal insolvency and informal restructuring mandates, with one client noting: "He can solve the world on any insolvency matter." IFLR1000 (2020) notes "He is simply the best insolvency lawyer in Melbourne" with another client stating "Brendon is a first class legal advisor and is my 'go to' practitioner for complex restructuring work. He is clearly in the top handful of practitioners in the country."

Career highlights

Agriculture

• Coomboona: Acted for the administrators of the Coomboona group of companies (a significant dairy producer), and subsequently, in their capacity as deed administrators. The administration led to a successful sale of the business.
• Elders Limited: 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).
• Environinvest Group: Acted for the secured creditor and the receivers and managers of the Environinvest Group, including as responsible entity for a number of managed investment schemes.
• Great Southern Group: Acted for a syndicate of banks and receivers and managers on all aspects of the receivership, including restructuring MIS schemes and selling ~269,000 hectares of land in the largest private forestry sale by area in Australia.
• Gunns Group: Acted for a major trading bank advising on its exposure to the Gunns group. Acted for receivers and managers of two related property trusts. The trusts leased land in Tasmania which had been used for managed investment schemes in the forestry sector.
• Littore Group: Acting for the secured creditor (Rabobank) and receivers and managers seeking recovery of an exposure in excess of A$120 million, over one of Australia's largest family owned wineries including litigation and associated injunctions to pursue fraudulent dispositions of property.

Education

• ABC Learning: Acted for a listed property trust which had leased more than 50% of the childcare centres involved in the administration of ABC Learning. The matter involved several applications to the court to protect landlord rights following several extensions of the convening period.
• Careers Australia Group: Restructuring and insolvency advice prior to appointment of voluntary administrators. Acted for administrators in the sale of various educational colleges. Acted for non-executive directors responding to public examinations and defending >$40m claims brought by liquidators alleging breach of directors' duties.
• Langports: Acted for group on a successful restructure of their education colleges.
• Think Childcare Limited: Acted for one of Australia's largest private providers of childcare services following the appointment of receivers and managers to its main incubator partner, the EDHOD group of companies.

Energy & Resources

• Centaur Mining: Acted for receivers and managers in the sale of CM's prime nickel mine, with secured debts of >$650m.
• Western Metals: Acted for US noteholders on their exposure to Western Metals, and subsequently, for the receivers and managers of the Western Metals group. Western Metals was then the fourth largest mining company in Australia. Secured debts exceeded A$390 million.
• Pasminco Group: Acted for the administrators of the Pasminco Group of Companies in one of the largest mining collapses Australia has seen. The group was successfully restructured leading to the IPO of Zinifex in April 2004.
• Sons of Gwalia: Acted for US noteholders seeking recovery of their exposure in the administration of Sons of Gwalia.

Financial Services

• ANZ, CBA and Westpac: Have acted on numerous enforcement matters including forbearance arrangements, security enforcement and receiverships.
• Banking Code: Acted for a major Australian bank defending claims of unconscionable conduct, misrepresentation and breach of responsible lending provisions in the Banking Code. This case proceeded to the appellate court and has established a benchmark ruling on the relevant provisions of the Code.
• BDO: Acted for Westpac in relation to BDO's collapse in VIC and NSW and its subsequent merger with Grant Thornton.
• Greensill Bank AG: Acting for the German administrators of Greensill Bank AG, including bringing an application for recognition of the German administration in Australia under the Cross-Border Insolvency Act 2008. Also acting on the refinance of debts exceeding $400m.
• Lehman Brothers: Acted on behalf of ANZ in the Lehman’s bankruptcy, advising on a close-out dispute under an ISDA contract.
• Opes Prime Stockbroking: Acted as the primary advisors for ANZ in the collapse of Opes Prime Stockbroking, with approximately 1,200 clients and debts to ANZ of over A$700 million, including acting on two class actions.
• Primebroker Securities: Acted for ANZ in the collapse of Primebroker Securities, including providing advice on the operation of securities lending agreements, assisting in standstill negotiations, and subsequently, the appointment of receivers and managers.

Health

• Sigma Company Limited: Acted for Sigma, a major Australian pharmaceutical group, defending three unfair preference claims. The matter was significant because it raised complex issues concerning reliance on retention of title claims over stock and debtors as a form of security, and the interplay of these principles with a running account.

Industrial

• Burrup Fertilisers: Acted for receivers and managers of the assets and shares including those held in the parent entity. Secured creditor's exposure to the broader group was >$900m.
• HRL Limited: Acted for the non-executive directors of HRL (and certain subsidiaries) in responding to public examinations conducted by the liquidator, and subsequently, in defence of legal proceedings commenced by the liquidator alleging breach of directors duties. The claim value exceeds $65m.
• Noske Logistics: Acted for the voluntary administrators of Noske Logistics.

Retail

• Bevilles: Acted for Bevilles, a household name in the jewellery business, implementing a successful restructure of its business through a deed of company arrangement.
• Harris Scarfe: Acted for the non-executive directors of Harris Scarfe in an insolvent trading claim in which the liquidators claimed an amount in excess of A$140 million from each director.
• Kennedy Watches & Jewellery: Acted for group on a successful corporate restructure including refinancing of the major secured creditor.
• Myer: Acting for a major Australian bank advising on its bilateral facilities.
• PAS Group Limited: Acted for Queens Lane Capital Limited (QLC) in negotiating agreements which saw QLC acquire the primary businesses of PAS Group and acquire 100% of the shares in The PAS Group Limited – one of Australia's largest womenswear retail brands – from administrators appointed to the group following entry into deeds of company arrangement.
• Steinhoff Asia Pacific: Restructuring and director duties' advice to Steinhoff Asia Pacific (brands included Freedom Furniture, Fantastic Furniture, Snooze, Best & Less and Harris Scarfe). Leading negotiations with the group's local banking syndicate (both Australian and international banks).
• Ted Baker: Acted for the Australian wholesale and retail businesses trading under the global brand of Ted Baker. Renegotiated new supply, licence and distribution agreements following a buy-out of Ted Baker UK lead by private equity. We subsequently provided the directors with safe harbour advice, and assisted in a solvent wind down of the Australian business.

Real Estate

• Pitard Knowles: Acting for the liquidators of four companies within the Pitard Knowles Group. The group specialises in medium rise residential developments throughout metropolitan Melbourne.
• Prime Trust: Acted on behalf of the Lendlease Group defending litigation arising out of the insolvent collapse of Prime Trust, defending a claim in excess of A$60 million. The proceedings, affecting 35 separate parties, involved complex claims based on voidable transaction provisions that were triggered as a consequence of insolvency, as well as equitable claims linked to directors' duties and fiduciary breaches.
• Property Development Group: Acting on behalf of a major Australian bank and receivers and managers appointed to the Group. Following receivership, this matter has involved 5 separate proceedings instituted by the Group raising allegations of unconscionable conduct, misrepresentation, breaches of the Banking Code and breaches of receivers' duties, together with cross claims by the bank for enforcement of various securities.
• Purple Bricks: Acted for the directors and the corporate group providing advice on an orderly wind down and solvent closure of their real estate agents business in Australia.
• Westpoint: Acted for the liquidators of eight of the mezzanine finance companies within the Westpoint Group. Debts exceeded A$320 million.

Telco

• Channel Ten: Acted for the receivers and managers appointed to Channel 10 on all aspects of the sale and recapitalisation of the network. Winner of the 2018 Turnaround Management Association - Large Turnaround of the Year Award.