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  • Scott Farrell

    Partner
    Sydney
    T: +61 2 9296 2142
    M: +61 409 042 883
 

 Professional Biography

 
  • Scott Farrell is a senior partner with King & Wood Mallesons in Sydney with nearly 20 years’ experience in advising on:

    • Structured and complex derivatives (including equity, bond, credit, currency, carbon emissions, longevity, algorithmic and commodity derivatives), repurchase transactions and securities lending
    • Local and international derivatives regulatory matters, including the implementation and effect of the G20 reforms
    • Netting, collateral, clearing, prime brokerage and international derivative and trading documentation
    • Clearing systems, payment systems, collateral management systems and other financial market infrastructure
    • Disputes, defaults and insolvency with respect to derivatives participants and markets
    • Structured capital market products (including credit linked notes, deferred purchase agreements, dynamic portfolio management and tailored repackaging vehicles), synthetic securitisations and structured finance transactions.

    Scott is the leader of the King & Wood Mallesons’ Derivatives Practice, which provides advice to major Australian banks, and major international banks operating in Australia. The team also advises fund managers, energy companies, government investment funds and other corporations, as well as operators of domestic and international financial markets and clearing systems (including Australia’s main securities exchange and Australia’s central bank).

    For many years, Scott has been the Australian legal counsel to the International Swaps and Derivatives Association (ISDA) and the Australian Financial Markets Association (AFMA). He has a key role in derivatives law reform in Australia, and represents both – the domestic and international market in consultations with the Australian government, and regulators in relation to law reform matters.

    He has published numerous articles and contributed chapters to various books in connection with derivatives, netting, collateral and related insolvency issues. He is a lecturer of masters courses at the University of Sydney and the University of New South Wales and regularly speaks at industry conferences in Australia and Asia.

    Scott has a Bachelor of Economics and a Bachelor of Laws (Hons) from the University of Sydney. He is qualified to practise as a solicitor in New South Wales and in England.

    Scott has been listed as a leading practitioner in his field in international directories for many years.

 

 Experience

 
  • 1993: Bachelor of Economics and Bachelor of Laws (Honours), University of Sydney
  • 1994: Articled clerk, Allen & Overy, London
  • 1995 - 1999: Solicitor, Mallesons Stephen Jaques, Sydney
  • 1999 - 2002: Senior Associate, Mallesons Stephen Jaques, Sydney
  • 2003 - present: Partner, Mallesons Stephen Jaques, Sydney.
  • Recent publications:
  • Australian chapter in "Derivatives: Legal Practice and Strategies", edited by Robert D. Aicher, 2010
  • "Rehypothecation decision" - International Financial Law Review, March 2009
  • "Valuation of instruments without a market value" - The Credit Crunch and the Law, 2008
  • "Market relief in Australia: final guidance is a big improvement" - International Financial Law Review, May 2008
  • "Australian bankruptcy: contract beats policy", International Financial Law Review, March 2008
  • "Indecent disclosure: the Australian Takeovers Panel's proposed policy for equity derivatives", International Financial Law Review, December 2007
  • "Dispelling the three myths of Enron v TXU" International Financial Law Review, May 2005
  • "Tailoring structured notes to the Hong Kong public" - International Financial Law Review, May 2004.
  • "Australian court upholds ISDA’s flawed asset provision" - International Financial Law Review, February 2004
  • "Defending the value of self-referenced credit-linked notes" - International Financial Law Review, October 2003
  • "Derivatives Products and Regulation" Australian Finance Law, 2002
 

 Recent Matters

 
  • Involved in the development of the Australian standard documentation for carbon emissions trading and stakeholder discussions with the Australian government on law reforms affecting the Australian derivatives and carbon markets.
  • Provision of Australian industry opinion on credit derivatives to the Australian Financial Markets Association
  • Provision of the Australian legal opinions on netting and collateral to ISDA
  • Advice to international clearing systems, central counterparties and markets
  • Retail DPA offers
  • Wholesale synthetic securitisations
  • Wholesale rated structured note transactions
  • Wholesale warrant and DPA programmes
  • Asset-backed securitisation programmes
 

 Professional Memberships

 
  • International Swaps and Derivatives Association
  • Australian Securitisation Forum
  • Law Society of New South Wales
  • Law Society of England and Wales