Special Counsel

Alex Myers

Alex has experience in a broad range of insolvency, restructuring, dispute, and debt recovery matters. He has advised insolvency practitioners, directors, creditors and other stakeholder clients on various insolvency, restructuring and commercial issues arising from numerous external administrations, ranging from those involving SMEs to listed corporates. Alex has a particular interest in and extensive experience in unfair preference claims, having acted for both creditors and liquidators in Court proceedings across most States and Territories.

Alex also acts for institutional landlords and corporate tenants in leasing disputes, vehicle manufacturers in product liability claims, and corporate clients in complex debt recovery matters.

Alex brings a client-centric approach to matters that focuses on the bigger picture and adopts strategies aimed at utilising all available resources effectively. He also has a keen interest in insolvency law developments, which he regularly writes about on the Firm’s website, in professional publications, and on social media.

Expertise

Alex’s expertise and experience include:

  • Advising insolvency practitioners and creditors in relation to voidable transactions and acting in associated Court proceedings
  • Acting for creditors and other parties in relation to statutory demands and winding up applications (particularly contested matters)
  • Advising insolvency practitioners, financiers and suppliers regarding personal property security validity, enforceability and priority issues
  • Assisting creditors with complex and contentious debt recovery matters, including those involving counterclaims
  • Representing insolvency practitioners in matters involving trusts, including Court applications seeking directions and/or the appointment of receivers
  • Conducting public examinations in both corporate insolvency and personal bankruptcy contexts
  • Conducting negotiations in distressed debt scenarios, including in relation to restructuring proposals, deeds of forbearance, and informal compromise arrangements
  • Acting in proceedings alleging contraventions of directors’ statutory and fiduciary duties (including insolvent trading)
  • Acting for landlords and tenants in leasing disputes, including those involving constructional issues, make good clauses, and outgoings contribution obligations

Recent Projects

  • Representing a financier and its receivers in a dispute concerning the priority of various financiers’ security interests in several hundred motor vehicles.
  • Assisting the liquidators of labour hire companies formerly operating a tax evasion scheme, including in proceedings involving freezing orders, voidable transactions, and pooling orders.
  • Assisting the voluntary administrators of a large plumbing outfit with an urgent pre-arranged business sale and a successful Court application for directions.
  • Representing a company director in various proceedings (including the defence of personal guarantee claims) arising out of the Continental Hotel redevelopment.
  • Successfully opposing a judicial challenge to the enforceability of an expert’s determination of the parties’ profit entitlements from a property development.
  • Assisting the developer of a 48-lot townhouse project to successfully challenge several statutory demands and a winding up application.
  • Assisting the South East Melbourne Phoenix NBL club to recover unpaid sponsorship fees, including via statutory demand and winding up proceedings.

Professional Memberships / Accreditation & Activities

  • Professional Member, Australian Restructuring Insolvency and Turnaround Association
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Adrienne Fraser

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