Tim Klineberg

Partner

Sydney, Australia

Tim leads our Australian Restructuring & Insolvency practice. He has been involved in many of the significant restructuring and insolvency situations in the Australian market for many years. He also has significant cross-border restructuring experience having led Australian headquartered companies through complex cross-border processes. He works closely with leading firms in the United States, England and the Asia-Pacific region on complex restructuring matters.

Tim has acted for debtors, secured and unsecured creditors, government stakeholders and also acquirers of companies and assets out of distressed situations. He is a creative and collaborative restructuring specialist whose contributions extend beyond advising on complex legal and commercial issues. He is known for his strategic insights and flexibility of thinking as part of multi-disciplinary teams working on complex restructuring and insolvency problems.

As team leader, Tim is focused on bringing the firm’s market-leading expertise across different disciplines to our clients and to restructuring and insolvency situations.

Tim has been consistently recognised as one of Australia’s leading specialist Restructuring & Insolvency specialist lawyers including in the Chambers Asia Pacific, Legal500 and Best Lawyers directories.

  • Jervois restructuring – advised Jervois Global on its restructuring implemented through an innovative interconditional Chapter 11 and Australian administration
  • Qenos acquisition – advised the LOGOS consortium on its acquisition of Australia’s largest plastics manufacturer, and the subsequent land acquisition through a controlled administration and deed of company arrangement
  • Waste to Energy – led the restructuring of two significant projects located in Western Australia:
    • Kwinana - advised the Project Company on restructuring through a creditors’ scheme of arrangement
    • East Rockingham – advising the secured lenders and receivers appointed to this significant WtE project resulting in full recovery for the secured lenders
  • Arrium – advised the large syndicate of lenders and noteholders owed more than $3bn on the complex insolvency and asset disposal process of this significant ASX listed group
  • Basslink – advised the secured lenders and subsequently two different firms appointed as receivers to this regulated asset which was sold and its project arrangements restructured resolving complex litigation involving multiple Government agencies
  • Tiger Resources – advised the company/debtor on its complex, contested cross-border restructuring implemented through an Australian creditors’ scheme of arrangement
  • SunCable – advised the Northern Territory Government on its position on the administration and subsequent sale of this strategic project asset
  • Paladin Energy - advised the company/debtor and subsequently the administrators on the bond restructuring and debt-for-equity swap, ultimately completed through a deed of company arrangement
  • Griffin Coal – advised the company/debtor on its controlled security enforcement and subsequent entry into receivership resulting in continuity of the operations of this nationally significant coal asset
  • Speedcast – Australian law adviser to a significant group of Term Loan B and Revolving Credit Facility lenders owed more than US$700m, restructured and sold through Chapter 11
  • GenesisCare – Australian law adviser to KKR as sponsor of this global healthcare business restructured through Chapter 11
  • National Disability Insurance Scheme (NDIS) restructuring – two significant transactions resulting in 100c returns to creditors, saving significant numbers of jobs and preventing disruption to thousands of Australians reliant on State-funded disability services:
    • Disability Services Australia – acted for DSA on its controlled administration and deed of company arrangement
    • Lifestyle Solutions – advised NIDIS service provider Lifestyle Solutions on its solvent merger with Possability
  • RCR Tomlinson – advised the company/debtor and subsequently the administrators and liquidators on this significant insolvency which included a number of asset sales and novel issues arising on the distribution of assets
  • Surfstitch – advised the company/debtor and subsequently the administrators on the recapitalisation of this ASX listed retail group, including novel settlement of class action claims through administration and cross-border considerations in the sale of the UK business

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