Partner

Ariel Borland

Ariel is a partner in the Melbourne Commercial Disputes, Restructuing & Insolvency team. Ariel’s practice encompasses a wide range of litigious and non-litigious insolvency work. Her practice also includes aspects of trade practices, professional negligence, complex contractual disputes and financial services disputes.

Ariel is listed as a Recommended Dispute Resolution: Litigation Lawyer in the 2022 edition of The Legal 500 Asia-Pacific, a Recognised Lawyer for both Insolvency and Reorganisation Law and Litigation in the 2023 edition of Best Lawyers in Australia, an Up and Coming Lawyer for Restructuring/Insolvency in the 2022 edition of Chambers Asia-Pacific and a Leading Insolvency & Restructuring Lawyer (Victoria) in the 2021 edition of Doyle’s Guide.

Expertise 

Ariel’s expertise includes:

  • Providing insolvency advice on various technical issues, including priority disputes, retention of title claims, Personal Property Securities Act (2009) disputes, schemes of arrangement, practitioner remuneration and employee entitlements.
  • Drafting and advising on deeds of company arrangements and creditors trust deeds.
  • Advising on pooling arrangements.
  • Conducting public examinations and voidable transaction claims.
  • Advising on securities enforcement and realisation, including forbearance arrangements and formal appointments.
  • Advising and implementing the restructure and/or sale of distressed assets.
  • Advising on issues relating to the insolvency of trustees, including rights of indemnity against trust assets and priority issues.

Recent Projects

Ariel’s insolvency experience includes advising insolvency practitioners, creditors, debtors and directors on all aspects of receiverships, voluntary administrations and liquidations. This has included:

  • Advising on cross-border insolvency issues.
  • Providing insolvency advice on various technical issues, including priority disputes, retention of title claims, PPSA disputes, schemes of arrangement, practitioner remuneration and employee issues.
  • Drafting and advising on deeds of company arrangements and creditors trust deeds.
  • Advising on pooling arrangements.
  • Conducting public examinations and voidable transaction claims.
  • Advising on securities enforcement and realisation.
  • Advising and implementing the restructure and/or sale of distressed assets.

Some of the significant corporate insolvency administrations in which Ariel has recently acted include:

  • The administrators and deed administrators of Ellume Limited.
  • The receivers of Atlas Car and Truck Rentals, a large rental car business.
  • The receivers of Amerind Pty Ltd, a manufacturing business.
  • A large group of clients of BBY Limited, an international stockbroker.
  • The deed administration of AED Oil Ltd, an ASX listed oil explorer and producer.
  • The administration and then deed administration of the AEGIS Group, the successful tenderer for the Ararat Prison PPP Project.
  • The administration and then liquidation of Mowbray College, a non-denominational educational College.
  • The administration and then deed administration of Fletcher Jones & Staff Pty Ltd, a retail apparel group.

Professional Memberships / Accreditation & Activities

  • Recognised Lawyer, Insolvency & Reorganisation Law and Litigation, The Best Lawyers in Australia
  • Ranked Lawyer – Up and Coming, Restructuring/Insolvency, Chambers Asia-Pacific
  • Leading Lawyer, Restructuring & Insolvency, The Legal 500 Asia-Pacific
  • Recommended Lawyer, Dispute Resolution: Litigation, The Legal 500 Asia-Pacific
  • Leading Lawyer, Insolvency & Restructuring (Victoria), Doyle’s Guide
  • Leading Restructuring and Insolvency Lawyer, Asia Law

location

Melbourne

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Partner

Stuart Walter

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