Dr Garry J. Hamilton

Senior Legal Consultant

Profile

Widely regarded as Australia’s most experienced reconstruction and insolvency lawyer, Dr Hamilton was the first in Australia to practice concomitantly as both a lawyer and official liquidator. A qualified chartered accountant, Dr Hamilton has advised upon many of the largest insolvencies over the past 30 years.

Prior to joining Taylor David in 2017, Dr Hamilton was a Partner at one of the largest Australasian firms for over 20 years. He is internationally renowned and recognised as a leading individual in reconstruction and insolvency law.

Dr Hamilton is the author of the text Invalidation of Securities upon Insolvency in addition to some 50 published articles on restructuring and insolvency, many of which were the subject of presentations at national and international conferences.

  • Advising the Australian, Hong Kong and Fijian Governments in review/drafting of their respective corporate reconstruction legislation.
  • Acted successfully for the liquidator in the insolvent trading case, Williams as liquidator of Scholz Motors Pty Ltd (In liq) v Scholz and Ors, an important, reported Qld Court of Appeal decision dealing with a range of issues including the relevance to the insolvency element of third-party funding, the test for insolvency and the question of the timing of the assessment by the court of the preferential effect.
  • Acted recently for some 20 Indigenous organisations throughout Australia in assisting them in dealing with, and ultimately rejecting them as financially unsuitable, the Commonwealth Government’s failed RJCP (Remote Jobs Community Programme).
  • Acted recently for FEG (Department of Employment) under the new scheme designed to recoup some of the billions of dollars advanced by the Government to cover employee entitlements when companies become insolvent.
“Garry Hamilton impresses with his technical knowledge and value-added pragmatic advice’. Garry Hamilton provides ‘robust, relevant and timely advice’ and is hailed by clients as ‘an excellent technical insolvency lawyer’ – Chambers Global 2008, 2010.”

 

  • Recognised by Doyles Guide for the past two decades for insolvency and restructuring. Doyles Guide is an independent organisation that ranks lawyers based on interviews with clients, peers and relevant industry bodies.
  • Recommended: Insolvency and Reorganisation – Best Lawyers: 2014 to 2021.
  • Leading Individual Insolvency and Reconstruction – Chambers Asia Pacific: 2008, 2009, 2010, 2011, 2012, 2013, 2014.
  • Leading Individual Insolvency and Reconstruction – Chambers Global: 2008 to 2012.
  • Advisory Board of the QUT Law & Justice Journal (member since 2001)
  • Insolvency Law Advisory Group(established in December 2006 by the Parliamentary Secretary to the Treasurer, the Hon Chris Pearce MP, to provide technical advice on the accuracy and appropriateness of draft legislation to implement a package of Australian corporate insolvency reforms) (member 2005 -2007)
  • Designed and conducted the corporate insolvency subject in the Masters of Laws course at the University of Queensland upon the departure of Professor O’Donovan; revised course material and taught LAWS7800 (Corporate Insolvency) at the Masters of Law level.
  • Editor of the Insolvency Law Bulletin (2012 – ongoing)
  • Author of the Australian Chapter of Colliers International Business Insolvency Guide
  • Author of the Companies section of Court Forms and Precedents in Queensland.
  • Fellow, Institute of Chartered Accountants in Australia (member since 1981)
  • Fellow, Certified Practising Accountants (member since 1993)
  • Fellow, Institute of Corporate Managers, Secretaries and Administrators [Board Member 1987-1992] (member since 1989)
  • Fellow, Governance Institute of Australia (member since 1989)
  • Fellow, Australian Restructuring Insolvency & Turnaround Association (formerly the Insolvency Practitioners Association of Australia) (member since 1989)
  • Law Council of Australia (member of Queensland Insolvency Committee 1993-2016
  • CPA’s Centre of Excellence for Insolvency and Reconstruction (member since 1993)
  • INSOL International (member since 1994)
  • ​Queensland Law Society (member since 1983)