Scott D. Taylor

Notable matters include:

• Acting for the successful respondent liquidator in the historically significant decision of the High Court of Australia in the matter of Metal Manufactures Pty Limited v Morton [2023] HCA 1.    This decision determined set-off is not available as a defence to a liquidator’s unfair preference claim under s588FA of the Corporations Act 2001 (Cth).
• Leading negotiations and advising European Lithium Limited (ASX:EUR) on an MoU to build and operate a lithium hydroxide plant in Saudi Arabia with Saudi based Obeikan Investment Group.
• Acting for the successful plaintiff liquidator in the Full Federal Court of Appeal in Morton as Liquidator of MJ Woodman Electrical Contractors Pty Ltd v Metal Manufacturers Pty Limited [2021] FCAFC 228, confirming set-off is unavailable as a defence to a preference claim.
• Successfully opposing a liquidator’s application to extend the time to bring proceedings under section 588FE in Baskerville v Baskerville & Ors [2021] QSC 292.
• Obtaining costs orders for the liquidator against 21 respondents after successfully having the date of insolvency determined: In the matter of Cullen Group Australia Pty Ltd (in liq)[2020] QSC 367.
• Engaged by the United States Government appointed Receivers to preserve Australian based assets for a Cayman Islands based hedge fund.
• Acting for the successful liquidator to have certain transactions declared unfair preferences within the meaning of section 588FA of the Corporations Act 2001 (Cth):  Trenfield, in the matter of ACN 089 008 668 Pty Ltd (in liq) v JMD Park Pty Ltd[2019] FCA 2154.
• Leading the successful restructure and turnaround through a voluntary administration and deed of company arrangement of Vac Group Pty Ltd, negotiating down significant debt, incoming private equity and saving over 100 jobs.
• Acting for Mr Nathan Tinkler throughout his bankruptcy to successfully negotiate with creditors, annulling the $500m+ bankruptcy for $1.2m.
• Successfully setting aside the decision of Mr Nathan Tinkler’s bankruptcy trustee, permitting Mr Tinkler to travel in ​​Tinkler v Melluish (Trustee); in the matter of Tinkler (A Bankrupt)​[2017] FCA 52.
• Leading negotiations for an Australian based debtor with a New York Investment Bank for a US$220m debt-equity swap.​
• Successfully annulling the largest bankruptcy in Australian history with $2.12billion of creditor claims.
• Successfully annulling the $29m bankruptcy of hospitality entrepreneur Mr Damian Griffiths.
• Facilitating negotiations to mitigate construction and operational losses for a US$330m silver mine in Central America after the collapse of a global mining machinery manufacturer involving cross border issues between Europe, North and Central America; South-East Asia; and Australia.
• Successfully negotiated a debt swap and reduction with a syndicated lending group for more than US$350m.
• Successfully pursuing pre-insolvency advisors on behalf of liquidators for aiding and abetting director breaches (largely around phoenix activity) under section 79 of the Corporations Act 2001 (Cth).
• Successfully recovering unfair preference payments in the matter of Morton & Anor v Rexel Electrical Supplies Pty Ltd[2015] QDC 49; thereafter successfully opposing the Appeal with costs in the matter of Rexel Electrical Supplies Pty Ltd v Morton [2015] QCA 235; thereafter successfully obtaining indemnity costs of the entire action in the matter of Morton & Anor v Rexel Electrical Supplies Pty Ltd (No 2) [2016] QDC 6.
• Conducting the public examination of several members of an India based billionaire family on behalf of liquidators.
• Acting for stakeholders in the Golden Heritage Golf Pty Ltd insolvency administration – owners of the Yarra Valley Lodge and Golden Heritage Golf Courses.
• Advising the liquidators of a mining company on the recovery of several million euros from entities operating throughout Finland and Canada.
• Advising Australian based liquidators on the realisation of a tin mine located in Uganda.
• Advising the Administrators of Allied Brands Limited (Baskin Robbins) regarding establishing a creditors trust for re-listing on the ASX.

• Non-Executive Director: I​nteliCare Holdings Limited (ASX: ICR).​​
• Co-Chair: Hymans Annual Charity Luncheon (over $600,000 raised to date).
• Former Board Member (2016-2020):Children’s Hospital Foundation Queensland.
• Fundraising: New York City Marathon (2018); Berlin Marathon (2019); and Boston Marathon (2022), raising over $50,000 for charity.
• Author: Scott D. Taylor (2019) Restructuring and Insolvency in Australia: Overview. Restructuring and Insolvency Global Guide [Online]. Thomson Reuters, London.
• Speaker at the Association of Independent Insolvency Practitioners (AIIP) Forum, ‘Statutory set-off against voidable and insolvent trading claims‘, Melbourne.  2023.
• Speaker at the Hedgeye Risk Management Wall Street Thought Leaders Round Table, New York: International Mining Bankruptcy Law. 2016.
• Author: Taylor, S. D., (2015). Australia. In: Bernstein, D.  The International Insolvency Review. 3rd ed. London: Law Business Research. 17-31.
• Speaker at QLD IPA Insolvency Forum, Brisbane: Pre-Packaged Insolvency Arrangements 2013.
• Chairman of the 12th Annual Insolvency Practice Symposium. 2012.
• Mediator and Chair for the Marine Industry In Crisis forum at the Brisbane Convention Centre. 2011.
• Founding Member (2011-2013): Insolvency Practitioners Association of Australia Young Professionals QLD Division (now ARITA).

• Queensland Law Society
• American Bar Association
• Australian Restructuring Insolvency & Turnaround Association (ARITA) (formerly the Insolvency Practitioners Association of Australia)
• International Association of Restructuring, Insolvency & Bankruptcy Professionals (INSOL)
• Turnaround Management Association
• Australian Institute of Company Directors