Alistair Fleming
Clayton Utz
Partner
Perth
Voted by peers as one of Australia's Best Lawyers in Insolvency and Restructuring
– Best Lawyers Australia
Overview
Alistair practises in corporate restructuring and insolvency, commercial litigation, and sports law. He advises on all aspects (both contentious and non-contentious) of informal and formal insolvency and restructuring processes, and on transactions involving corporate disputes or financial distress. In sports law, he advises in tribunal proceedings, ASADA/WADA matters, and commercial contracts and disputes involving players, venues, sponsors and suppliers.
He regularly advises companies, directors, financiers, external administrators, hedge funds, creditors, investors and restructuring professionals across most industry sectors. In Sports law, Alistair acts for the West Coast Eagles (AFL, AFLW and WAFL), and the Claremont Football Club (WAFL).
Notable Work
- Administrators of Virgin Airlines: acted for administrators in the in the restructure and sale of Virgin Airlines to Bain Capital, one of the largest restructures in Australia including in relation to maintaining Australia operations and security disputes.
- Administrators of Arrium Mining: acted for the administrators on the restructure of the Australian mining operations with debts of A$2.8 billion involving the sale to GFG Alliance of the mining and steel businesses, including Australia’s leading steel manufacturer and distributor, OneSteel.
- Receivers and managers of the Forge group of companies: acted in relation to the collapse of the business and in major contractual disputes.
- Receivers of Altura Mining: acted for the Receivers in a bond restructure involving the sale of Altura’s Pilgangoora lithium project in Western Australia to Pilbara Minerals for A$175 million.
- Department of Health (Cth): acted in relation to the corporate restructure of the Berrington Aged Care Group, involving a sale and transfer of an aged care business through a voluntary administration process involving part activation of the Government guarantee scheme.
- Deed administrators of Alita Resources Limited: acted in relation to the restructure and sale of the lithium mining business to Mineral Resources Limited.
- Law Debenture Trust Corporation plc: acted in the Bell Group litigation relating to the distribution of $1.75 billion of settlement proceedings, Australia’s longest running insolvency litigation, relating to the collapse of Allan Bond's Bell Group.
- Liquidators: acted for the Hong Kong liquidators of Leham Brothers including in relation to Asian and European exposures.
- Commonwealth Bank of Australia and Bankwest: acted in relation to the Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry.
Insights
A mixed bag for liquidators in High Court decisions on claims of unfair preference or other voidable transactions
9 Feb 2023 | Article
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Australia’s corporate insolvency laws to undergo a comprehensive review
4 Oct 2022 | Article
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Lien & mean – going toe to toe with contractual, statutory & common law liens
26 May 2022 | Article
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Parent company letters of support: a real or false sense of security?
31 Mar 2022 | Article
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As liquidators prefer it – the doctrine of peak indebtedness is here to stay
23 Jul 2020 | Article
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Directors to get insolvent trading relief, but debt recovery toughened, under temporary COVID-19 measures
24 Mar 2020 | Article
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More streamlined process, wider pool of buyers, for administrators in restructuring following Mesa Minerals decision
3 Dec 2018 | Article
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Australian restructuring gets a boost as High Court supports the holding DOCA concept
12 Sep 2018 | Article
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Demystifying the defence to unfair preferences and the scope for liquidators to recover benefits from third parties
2 Aug 2018 | Article
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New ipso facto regime clearer with final Regulations, but uncertainty for business and insolvency sector remains
26 Jun 2018 | Article
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Exemptions to the stay on ipso facto clauses released for comment
20 Apr 2018 | Article
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Liquidators of insolvent corporate trustees, the law on distribution of assets has now been settled
23 Mar 2018 | Article
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Safe harbour reforms passed, and anti-phoenixing reforms on the way
12 Sep 2017 | Article
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Major decision on set-off and security interests in insolvency may lead to significant contractual change
7 Jun 2017 | Article
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