Special Counsel

Alison Malek

Alison has over a decade of experience practicing in the areas of insolvency and commercial disputes across NSW and Victoria.

Alison is valued for her exceptional client service, technical expertise and pragmatic approach, allowing her to achieve timely and commercial outcomes for her clients.

Alison acts for a broad range of clients including insolvency practitioners, secured lenders, government departments, creditors, debtors, company directors and shareholders.

She is presently serving on the Committee of the Women's Insolvency Network Australia (NSW Branch), a not-for-profit organisation that aims to connect and promote women and diversity in the insolvency industry.

Expertise

Alison’s expertise includes:

  • Acting for insolvency practitioners on all types of external administration appointments including advisory and litigious work
  • Prosecuting and defending claims under the Corporations Act 2001 (Cth) and the Bankruptcy Act 1966 (Cth) including voidable transaction claims and insolvent trading claims
  • Conducting public examinations
  • Advising on contractual and general commercial disputes including property and lease disputes, breach of contract claims, debt recovery matters and equitable and trust-based claims
  • Advising on shareholder disputes
  • Advising on debt and secured asset recoveries for financial institutions, secured lenders and other creditors
  • Drafting and advising on deeds of company arrangement
  • Advising on directors’ duties and anti-phoenix provisions

Recent Projects

  • Advising the voluntary administrators of a leather accessories company in relation to voidable transactions, various trading issues and obtaining urgent orders in the Federal Court.
  • Advising the liquidator of an education provider company in relation to a priority dispute over company funds.
  • Advising a major bank lender in relation to enforcement options following the insolvency of a major customer.
  • Advising the Department of Employment and Workplace Relations in relation to the Fair Entitlements Guarantee Scheme and circulating assets.
  • Advising receivers on a breach of duty claim in relation to the alleged sale of an asset for less than market value.
  • Acting on behalf of a company director defending an insolvent trading claim and prosecuting a cross-claim against the holding company.
  • Acting for a liquidator of a corporate trustee seeking orders enabling the liquidator to deal with trust property: Mutton (Liquidator), in the matter of Balsub Pty Ltd (In Liquidation) [2020] FCA 741.

Professional Memberships / Accreditation & Activities

  • Member of the Australian Restructuring Insolvency and Turnaround Association (ARITA)
  • NSW Committee Member of the Women’s Insolvency Network Australia (WINA)
  • Member of the Australian Institute of Credit Management (AICM)

Partner

Bernice Ellis

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