REPRESENTATIVE EXPERIENCE
Andrew Chambers
Acting for a large global financial institution in the recovery of a large loan facility
advanced to Cockatoo Ridge Wines Ltd and its subsidiaries following the appointment of
Administrators. Andrew assisted by negotiating with the Deed Administrators the terms of the
Deed of Company Arrangement, preparing documentation for the sale of the company assets and the
listed company shell to a third party and advising in relation to employee entitlements payable
by the insolvent companies.
Acting for David Jones in Supreme Court proceedings commenced against Gandel and Colonial, the
landlord of David Jones's Chadstone Shopping Centre department store in respect of a dispute
concerning the manner in which outgoings were charged under the lease.
Acting on behalf of Bendigo and Adelaide Bank Limited and its subsidiaries in pursuing the
recovery of monies advanced to borrowers (whether individuals, companies and/or trusts) to fund
investments in various Great Southern managed investment schemes. In addition to the typical
steps these matters entail such as issuing proceedings, filing strike out applications and
enforcing judgments (including bankruptcy proceedings and winding up proceedings), these matters
often involve more complex issues such as applications to set aside Personal Insolvency
Agreements, actions to replace trustees in bankruptcy and strategic considerations where
borrowers reside overseas in non Hague Convention countries.
Acting for a large Australian bank in a loan recovery and receivership matter involving a
property development company. The matter involved advising on a partially completed property
development (including all permits and licences required to carry out the remaining building
works and negotiations with relevant unions), advising on priority disputes regarding the
distribution of proceeds from the sale of various properties and acting on behalf of the
receivers in all matters concerning the receivership of the company.
Acting for Pioneer Electronics Australia Pty Ltd in a retention of title claim against Wow Audio
Visual Superstores Pty Ltd (Receivers and Managers Appointed) seeking recovery of stock valued
at approximately AU$430,000. This matter involved consideration of the Personal Property
Securities Act 2009 (Cth) and its application to retention of title claims. Pioneer was one of
the few creditors in the receivership of WOW to successfully make out its retention of title
claim as a transitional security interest under the PPSA.
Acting on behalf of a major bank in the recovery of a loan book totalling approximately AU$280
million made to investors in various Willmott Forests managed investment schemes (whether
individuals, companies and/or trusts).
Acting for a large global financial institution in recovering advances made under revolving
credit facilities and other loan facilities to Huon Corporation Pty Ltd which manufactured parts
for the automotive industry. This included providing advice about its position as a secured
creditor and acting on all issues arising as a consequence of the Administration of the
companies, including the provision of funding to the Administrators for the ongoing trading of
the business, retention of title claims and in negotiations for the sale of the business.
Acting on behalf of the Receivers and Managers of Willmott Finance (KordaMentha) in the recovery
of monies advanced to borrowers (whether individuals, companies and/or trusts) to fund
investments in various Willmott Forests managed investment schemes.
Acting on behalf of the Receivers and Managers of Gunns Finance (KordaMentha) in the recovery of
a loan book totalling approximately AU$190 million made to investors in various Gunns
Plantations managed investment schemes.
Acting on behalf of the Receivers and Managers of Timbercorp Finance (KordaMentha) in the
recovery of monies advanced to borrowers to fund investments in various Timbercorp Plantations
managed investment schemes.
Acting for the Voluntary Administrators of Tamar Valley Dairy Pty Ltd (TVD). TVD had debts
exceeding AU$20 million, including secured debts with two major banks. We assisted the
Administrators in negotiating and documenting the sale of TVD's business and assets to Fonterra.
We successfully issued proceedings for the extension of the Voluntary Administration convening
period to allow the sale process to be completed. We advised the Administrators in relation to
the negotiation and documentation of funding arrangements with the Tasmanian Government and the
two major bank lenders during the administration of TVD to allow the business to continue to
trade.
Acted for the Receivers and Managers of Mornington Park Homes Pty Ltd and Cosy Cabins Pty Ltd in
the sale of all Tasmanian assets and properties owned by the companies.
Acting for a major bank to secure possession of various properties against a number of
persons/entities and realise the secured assets. The debt owing to the bank was approximately
AU$7million. There were fraud, bankruptcy and priority issues. The majority of the property was
located in various parts of Tasmania. Negotiations with liquidators for some of the entities who
held the properties, trustees and other secured creditors. The matter is still ongoing.
Acting for a bank on the recovery of a substantial loan facility owed by Unibic Australia Pty
Ltd. He advised on the proposed sale of the assets of Unibic to a third party purchaser after
the company had been placed in Voluntary Administration.