Samantha specialises in restructuring and insolvency, financial services regulatory investigations and high-stakes strategic commercial dispute resolution. She has a strong cross-border aspect to her restructuring and dispute resolution practices and has managed significant engagements for clients throughout the Asian region and globally.
Samantha has led many of Australia’s major restructuring and insolvency deals. She has built a strong reputation in the market for creative bespoke solutions to challenging problems and is currently ranked Band 1 in Chambers Asia Pacific as a Restructuring and Insolvency specialist.
Samantha is an ARITA and INSOL Fellow, and she is consistently recognised in Legal500, Doyle’s, Best Lawyers and other directories as a leading Restructuring & Insolvency and Commercial Litigation lawyer.
Samantha’s work highlights include:
Construction
- Roberts VIC Administration: lead partner acting for the administrators of Roberts (Vic) Pty Ltd in relation to the administration and restructure of the company and the negotiation of future pathways for 4 major commercial construction projects.
- Restructure of Murray & Roberts / Clough Group: lead partner advising the administrators of the Clough construction and engineering group on its successful restructure and the sale and recapitalization of its Australian construction business to Italian construction group Webuild. This engagement successfully avoided AU$1.5b in liabilities and saved over 1,000 jobs. This engagement also involved the resolution of Clough’s operations in the UK, USA, Canada, Mongolia and PNG.
- Administration of WBHO / Probuild Group: lead partner advising the administrators of the Probuild construction group, including its Probuild, WHBO Infrastructure and Monaco Hickey subsidiaries in the most significant restructuring of 2022. The Probuild group was one of Australia’s largest commercial construction houses with more than 19 live construction projects upon the appointment of the administrators. Mallesons worked closely with the administrators to facilitate the first successful trade on of a commercial construction business through an administration and the sale of the Victorian and Western Australian businesses as going concerns saving hundreds of jobs and millions of dollars of creditor claims.
- Hassall Developments: acting for the receivers of Hassall Developments, the developer of a significant residential development in NSW, in relation to the negotiation with the Building Commissioner of NSW and the development of a strategy for the rectification of defects identified in a Prohibition Order made in respect of the development.
- Hastie litigation: acting for Multiplex as the lead defendant in the strategically important proceeding commenced by the liquidators of the Hastie Group against the construction industry’s largest builders.
- Grocon Group: acting in various strategic construction and financing litigation (including in respect of alleged flammable cladding on a significant project and entitlement to call on bank guarantees) and the subsequent administration and deed of company arrangement of the Grocon Group.
Energy
- Sunraysia Solar Farm: lead partner advising the syndicate of financiers to Sunraysia and their appointed receivers and managers from Teneo in respect of a Hold Co Receivership and management of a significant Australian renewables project.
- Mugga Lane Solar Park: advising the secured lenders and receivers of the Mugga Lane Solar Park on its debt restructuring, enforcement and sale of a significant ACT renewables project.
- Pacific Hydro: advising on the German self-administration of Senvion Pty Ltd (a wind farm builder and operator) in successfully obtaining a carve out to the automatic stay arising under the Cross Border Insolvency Act 2008 (Cth).
Resources
- Liberty Bell Bay Smelter: lead partner advising the State of Tasmania and Deloitte (State-appointed receivers and managers) in relation to its AU$20m rescue loan facility to Liberty Bell Bay and subsequent enforcement action.
- EMR / 29Metals: acting for EMR in Court proceedings in relation to the sale of the Capricorn Copper mine and the disputed appointment of receivers prior to the IPO of 29Metals.
- Caledon Coal Group: acting for secured financiers on the enforcement and recovery of their secured debt owing by the GRAM owned Caledon Coal upon the administration and subsequent winding up of the Caledon Coal Group.
Insurance
- Restructure of an Australian general insurer: lead restructuring and insolvency partner advising on the design and implementation of a novel creditors' Scheme of Arrangement, the first of its kind in the Australian insurance market. The Scheme was designed to manage the uncertainty associated with the insurer's potential deteriorating financial position, preserve insurance recoveries, and mitigate the risk of insolvency. The Scheme also provided benefits such as an orderly run-off under the insurer’s management, minimal disruption, and cost savings. The Scheme was unanimously approved by more than 1000 policyholders and the Court, and became effective in November 2023.
Various
- Billson’s Holdings Pty Ltd: lead partner advising Billson’s Holdings Pty Ltd in respect of the successful restructure out of administration and recapitalisation of an iconic regional drinks business and the spin off and sale of Billson’s popular alcoholic ready to drink (ARTD) business to The Coca-Cola Company.
- Falcon Capital Liquidation: advising the liquidators of Falcon Capital Ltd in its capacity as responsible entity for the First Guardian Master Fund in relation to the ASIC initiated winding up of the First Guardian Master Fund to recover approximately AU$500m of retail investment funds.
- Deliveroo: acting for the administrators in the high-profile administration of Deliveroo Australia and the subsequent deed of company arrangement. The company was placed into voluntary administration by its parent company to facilitate the orderly exit from the Australian market. The matter was significant as it impacted over 12,000 restaurant partners and 15,000 rider partners, in the lead up to the festive seasons.
