
Scott is a highly experienced restructuring lawyer and commercial/financial disputes litigator, with more than 30 years of experience working in Australia and the United Kingdom.
Known for his commercial and strategic approach, Scott is trusted by clients to manage and resolve complex restructures, formal appointments and disputes and deliver practical, outcome-focused solutions. He has deep experience advising financial institutions and alternative lenders in managing distressed lending exposures, recovering misappropriated assets and pursuing opportunities in distressed investments.
His experience spans a wide range of sectors, including real estate and REITs, natural resources and mining services, transport, agribusiness, retail and manufacturing.
Experience
Restructuring
- Bluewaters Power Station: Acting for Kansai Electric Power Co, Inc in relation to its majority equity stake in, and lending exposure to, Bluewaters Power Station
- Speedcast: Acting for the unsecured creditors’ committee, and subsequently for the trustee, in relation to Australian issues and claims relating to the Chapter 11 proceeding
- Acting as safe harbour adviser to a board of directors under a safe harbour plan
- Genesis Care: advising an international bank in relation to its exposure in Australia and US
- Virgin Australia: Advising various bond holders and interested parties in relation to the restructuring of the airline, and their rights
- Wolf Minerals: Advising an ASX and AIM mining company on the cross border restructuring of A$260m senior debt and convertible bridge loan facilities in Australia and UK, and subsequently acting for Grant Thornton as administrators on the recapitalisation of the company’s ASX-listed shell by way of DOCA.
- (Asian fund) Advising the funds on its debt and equity exposure under a series of convertible loan notes and shareholder loans to a large retirement village business as part of a restructuring of senior debt.
- Max Brenner: Acting for BDO in their capacity as liquidators of the collapsed national chocolate café chain, including various significant litigation
- Big Un Limited: Acting for Deloitte in their capacity as administrators, including in relation to the transfer of shares under DOCA/s444GA
- Chinese lender Advising lender and Hammer Capital in relation to lender’s exposure and security property which is subject to significant contamination and consequent regulatory scrutiny
- Aeris Resources Limited: Acting for Standard Chartered Bank on the restructuring of its debt and equity exposure
- Quintis: Advising GLAS as security trustee in relation to the collapse of the forestry company
- Top Ryde Shopping Centre: Advising Blackstone in relation to its acquisition of the distressed debt (and control) of the centre
- Rasia: Advising as to the Australian aspects (assets and claims) of a Cayman liquidation
- Paladin Energy: Advising BNYM as bond trustee, including in relation to the administration and DOCA
- Cooks Cove: Advising a major bank in relation to the work out of its exposure as performance undertaker of a government-initiated land development project
- Nathan Tinkler: Acting for the founder and various of his entities during the collapse of his group
- Ashington Group: Acting for a major bank and Grant Thornton in their capacity as receivers in relation to the collapse and the realisation of the assets of a funds and property development group
- Mothercare: Advising the franchisor and major creditor of the collapsed baby and child products retailer
- Hills Hub Shopping Centre: Acting for a major bank in relation to the debt restructuring and work out of its exposure
- Fioson: Acting for Grant Thornton in their capacity as administrators in relation to a restructure under DOCA
- Colt: Acting for RSM in their capacity as the administrators and liquidators of a construction supply company
- Signal Brands: Advising in relation to a distressed exposure and supply chain of Guess products in Australia, and its acquisition and restructuring of the business distribution
Commercial litigation
- Reliance Rail: Acting for BNYM as bond trustee, security trustee and intercreditor agent in relation to litigation between the issuer and certain bondholders regarding the early redemption of $2.2 billion in bonds issued by the Reliance Rail PPP, and various applications for judicial advice
- Acting for Ford US in relation to a class action against Ford Australia relating to the Ford Focus transmission system
- Acting in and settling a shareholder derivative dispute arising from the sale of a company's investment in a hotel resort and casino development
- Acting for a US fund and education platform, Career Step, in Federal Court proceedings in relation to the misappropriation of IP
- Acting for a representative body in a dispute regarding frustration of a contract during COVID19 pandemic
- Acting in and resolving proceedings relating to M&A dispute and breach of sale of business agreement
- Acting in and resolving proceedings relating to shareholder dispute in a mining group
- Acting in relation to an M&A dispute arising from earn out provisions
- Acting in relation to an M&A dispute relating to breach of warranties in sale of business agreement
- Forge Group: Acting for surety bond providers in relation to a $100 million claim for misleading and deceptive conduct
- Acting for Korda Mentha in their capacity of receivers in relation to a substantial claim against an insurer for damages arising from water damage and partial destruction of a high- rise development in Queensland during its construction
Insolvency litigation
- Max Brenner: Acting in multiple proceedings arising from the liquidation of the Max Brenner business including claims relating to the transfer of the company’s primary asset at undervalue; claims relating to various antecedent transactions undertaken by way of a ‘mothership’ proceeding and separately; and various applications to the Court in relation to matters arising from the liquidation
- Big Un Limited: Acting in relation to various applications to the Court arising from the administration of an ASX company, including a successful application for orders to transfer shares under s444GA
- Torchlight: Acting for a creditor on an application to set aside a DOCA, and to resolve underlying claims in Australia and the Cayman Islands
- Kirkham International: Acting for the liquidator of a Singaporean company in proceedings against the company in Australia
- RCR Tomlinson: Acting for the liquidators (McGrath Nicol) in relation to the pursuit and resolution of various breach of contract claims relating to projects
- Colt International: Acting for the administrators and liquidators in relation to pursuing and resolving various claims regarding construction supply company
- Advising the UK insurer of a global collapsed group in relation to proceedings in Australia
Banking and financial services litigation
- Acting for RSM in their capacity as liquidators in relation to the enforcement of a guarantee (with rectification orders) in relation to a $120m debt
- Defending the CEO of a major bank in relation to a bench warrant issued by a Court in extraordinary circumstances
- Defending a major bank, and pursuing a cross claim, in a $20m breach of mandate claim
- Defending a major bank in relation to a large breach of mandate claim arising from an internal fraud conducted within a UAE-owned bloodstock racing company
- Defended major banks and resolved various claims arising from cheque fraud and identity fraud
- Acting for several major banks in relation to numerous agri-exposures, including achieving resolutions at Farm Debt Mediation
- Acting for several major banks in relation to numerous equipment finance (‘yellow goods’, mining and transport)
- Acting for a major bank and receivers in relation to a claim for sale of assets of a green energy company at an undervalue in alleged breach of various duties
Fraud recovery, investigations and contentious regulatory
- Acting for a major international bank to successfully secure and recover funds misappropriated from the Bank's wealth management business in Australia by obtaining Court orders and relief in Australia, Singapore and British Virgin Islands simultaneously
- Acting for various major Australian banks in relation to successfully securing misappropriated assets by way of freezing orders and related orders and subsequently recovering the assets and damages
- Investigating and obtaining freezing orders for investors in (what we discovered to be) a Ponzi scheme (Bill Vlahos’ horse racing betting syndicate, ‘The Edge’)
- Acting for the liquidators of RBG Resources in connection with worldwide litigation to trace and recover misappropriated funds of over US$400 million
- Advising a UK bank in relation to the registration and recovery of judgments in Australia
- Advising a global telecommunications company in relation to dawn raids and arranged regulator visits in furtherance of a global monitoring process as to compliance with US export control laws prescribed under a settlement with the US Government
- Investigating the circumstances by which off-shore assets of an ASX company were transferred to an entity related to a director at undervalue
- Advising an ASX company and facilitating compliance with an extensive section 155 notice issued by ACCC
- Advising a major bank in relation to the regulatory investigation by the SEC and ASIC, and a criminal investigation by the AFP, into its role in the activities of a customer
- Acting for the Australian liquidators of [confidential] in relation to the investigation of the existence and tracing of assets in Indonesia
- Acting for persons under investigation by ICAC, including in relation to their cross examination (Operation Spicer – allegations concerning soliciting, receiving and concealing payments to politicians regarding developments)
- Acting for the liquidators of an Australian ASX company in relation to their investigation into potential claims of negligence against the former auditor and advising in relation to ASIC’s parallel investigation and prosecution of the auditor
- Advising various clients in relation to investigation and ‘dawn raid’ strategies
- Advising various clients in relation to application of anti-bribery and corruption laws relating to entertainment and gifts
- Advising a French bank with the application of Australian sanctions laws to its operations
- Advising a major European construction company with the application of Australian sanctions laws to its operations and specific transactions
Schemes of arrangement
- Aconex Limited (acting for Oracle in its acquisition)
- Aventus Holdings Limited (acting for HMC Capital/HomeCo)
- Xenith IP Group Limited (acting for target)
- Mercedes Benz Financial Services P/L/Daimler Truck Financial Services Australia P/L – acting on the transfer of assets
- Southern Cross Gold Limited (acting for Mawson Gold Limited)
Awards and recognition
Chambers and Partners Asia Pacific 2013-2025
Restructuring/Insolvency
Memberships
Australian Restructuring Insolvency & Turnaround Association
Turnaround Management Association