Scott D. Taylor
Scott is the founding Partner of Taylor David Lawyers. He has specialised in debt restructuring and insolvency for over 18 years.
Scott has advised on many of Australia’s largest and most notable insolvency administrations. His clients range from federal government departments and foreign investment banks to insolvency practitioners and SMEs.
Scott has appeared in and worked on matters throughout Australia, the Middle East, New York, London, Singapore and Hong Kong. His practice area includes complex debt restructuring, workouts and insolvency. He has led the successful turnaround of many companies and annulled the bankruptcies of many high-profile identities.
Scott has particular expertise in the private equity and M&A space for Australian and international mining and resources assets.
Outside of practice, Scott has ran the New York Marathon (2018); Berlin Marathon (2019); and Boston Marathon (2022), raising over $50,000 for charity.
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  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  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  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) 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 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) 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 QDC 49; thereafter successfully opposing the Appeal with costs in the matter of Rexel Electrical Supplies Pty Ltd v Morton  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)  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: InteliCare 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