Partner

Ariel Borland

Ariel is known for her expertise in a wide range of litigious and non-litigious insolvency and restructuring matters. Her practice also includes aspects of trade practices, professional negligence, complex contractual disputes, financial services disputes and partnership and shareholders’ disputes. Ariel has a particular expertise in security and priority issues, the Personal Property Securities Act (2009) and issues arising from insolvent trustees.

Ariel is valued for her exceptional client service, sound technical advice and pragmatic commercial approach to legal problems. Ariel acts for a wide range of clients including insolvency practitioners, secured creditors, unsecured creditors, debtors and directors.

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 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
  • Advising on issues relating to the insolvency of trustees, including rights of indemnity against trust assets and priority issues
  • Advising on partnership and shareholders disputes, including oppression claims and just and equitable winding ups.

Recent projects

  • Advising a federal government department on the insolvency of Aussie Farmers Direct.
  • Advising a federal government department on the insolvency of the HRL/Vemco Group.
  • Advising a large group of clients of BBY Limited, a large stock broker.
  • Advising the receivers and managers of Amerind Pty Ltd, a manufacturing business.
  • Advising on the deed administration of AED Oil Ltd, an ASX listed oil explorer and producer.
  • Advising on the administration and then deed administration of the AEGIS Group, the successful tenderer for the Ararat Prison PPP Project.
  • Advising on the administration and then liquidation of Mowbray College, a non-denominational educational College.
  • Advising on the administration and then deed administration of Fletcher Jones & Staff Pty Ltd, a retail apparel group. 

Recognition

  • Recommended Lawyer, Restructuring & Insolvency, The Legal 500 Asia Pacific.
  • Recommended Lawyer, Insolvency & Restructuring, Doyle’s Guide.

Thinking

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Commercial Disputes
Separate but (not) equal: High Court decision...
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Commercial Disputes
Stay in Bed, Not a Trust: Court finds...
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Commercial Disputes
Cast-off: casting votes against resolutions...
Restructuring & Insolvency
I ask therefore you must respond: requests...
Restructuring & Insolvency
Federal Court leaves priority regime hanging...
Restructuring & Insolvency
Get your priorities straight: Former...
Restructuring & Insolvency
The Fine Art of Recovering Costs
Restructuring & Insolvency
Reclaiming the Disclaimer: Queensland Court...
Restructuring & Insolvency
Cementing the treatment of insolvent trading...
Restructuring & Insolvency
Arbitrary percentages out the window: Sakr...
Restructuring & Insolvency
Back to the Future: Court of Appeal confirms...
Commercial Disputes
Is it mutual? A tale of set-off and security
Restructuring & Insolvency
Going around in circles on section 433? ...
Restructuring & Insolvency
Sorry, it’s not you, it’s me: Court...
Restructuring & Insolvency
Doubling (or halving?) your chances: proposed...
Restructuring & Insolvency
Affix your assets or register: Power Rental...
Restructuring & Insolvency
The ABCs of ABNs and ACNs under the PPSA: the...
Restructuring & Insolvency
A prudent approach to reducing the risk of...
Restructuring & Insolvency
In defence of indemnity
Commercial Disputes
Litig8: We either live with intention or...
Commercial Disputes
Litig8: The privilege trap: implied waiver
Commercial Disputes
Litig8: Security for costs: considerations of...
Commercial Disputes
Litig8: Shifting sands- contracting with...
Commercial Disputes
Litig8: Tips for settlement conferences
Commercial Disputes
Litig8: High Court reconsiders advocate's...
Commercial Disputes
Litig8: Director's duties
Commercial Disputes
Litig8: Staying commercial arbitrations
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Litig8: Contract Interpretation: Strict...
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Commercial Disputes
Litig8: Insolvency: Evidence of director...
Commercial Disputes
Litig8: Contract drafting: Time-bar take-outs...
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Litig8: Costs: When the winner doesn’t get...
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Litig8: Wrongful Dealing with Property: What...
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Litig8: PPSA: The ‘udder’ necessity of...
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Litig8: Contracts: Risks associated with...
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Commercial Disputes
Lenders beware: when is a farm a farm?
Restructuring & Insolvency
The ‘udder’ necessity of registering on...
Commercial Disputes
Litig8: Cost Quirks - Pre-Action Discovery
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Litig8: The upcoming unfair contracts regime...
Commercial Disputes
Litig8: Fruits of taxation and staying an...
Commercial Disputes
Litig8: A warning to administrators when...
Commercial Disputes
Litig8: Relief and reprieve for short term...
Commercial Disputes
Litig8: Solicitors' obligations under the...
Commercial Disputes
Litig8: Debt repayment arrangements and their...
Commercial Disputes
Litig8: Shareholders inspecting books
Restructuring & Insolvency
A Matter of Trust? Practitioner remuneration...
Restructuring & Insolvency
A Moving Issue: Fixture or PPS Lease?
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High Court of Australia welcomes insurers to...
Restructuring & Insolvency
Terms of a security agreement held to be...
Restructuring & Insolvency
Extending the “Shelf” Life of Voidable...
Restructuring & Insolvency
A Simple Formula: Prerequisites to PPSA...

Partner

Graham Maher