Brett Cook
Clayton Utz
Partner
Brisbane
Voted by peers as one of Australia's Best Lawyers in Insolvency and Reorganisation Law and Litigation
– Best Lawyers Australia
Overview
Brett specialises in commercial litigation and restructuring and insolvency. Brett advises banks and other financiers, insolvency practitioners, government and semi-governmental entities, and corporate clients and has extensive experience in conducting significant and complex litigation matters across a range of issues and industries.
Notable Work
- APLNG: advising in relation to the complex multi-party Tri-Star Litigation being conducted in multiple proceedings in the Supreme Court of Queensland.
- Arrow Energy: advising in various disputes arising under the terms of the joint venture arrangements with AGL.
- Gas producers: advising in relation to the gas price cap, including the constitutional validity of the price cap and the guidelines for the operation of the ADGSM.
- Supply and Access Agreements: advised a number of clients in relation to take or pay obligations under supply arrangements, and under agreements for access to infrastructure.
- Energy and Resource Sector: acted in a number of judicial review proceedings, including the review of decisions relating to PCAs, and the grant of mining and petroleum tenures.
- Project Site Protection: acts for a number of energy and resources clients in relation to restraining unlawful interference on a number of project sites.
- Insolvency Litigation: acts for a number of clients insolvency litigation ranging from pursuing and defending voidable transaction claims, claims against receivers and managers for alleged sales at undervalue, claims for breach of directors’ duties due to insolvent trading and asset stripping, public examinations, proof of debt appeals and applications for the approval of remuneration.
- Voluntary administrators: acted successfully for the voluntary administrators in relation to the sale / restructure of Virgin Australia Airlines.
- Liquidation Advisory: advised the liquidators and special purpose liquidators of Caledon Coal and its related entities.
- Sun Metals: advised as a creditor in the RCR Tomlinson Administration.
Insights
A mixed bag for liquidators in High Court decisions on claims of unfair preference or other voidable transactions
9 Feb 2023 | Article
Read Insights
Media Release: Clayton Utz advises on the successful recapitalisation and sale of Collection House to Credit Corp Group
15 Nov 2022 | Media Release
Read Insights
Australia’s corporate insolvency laws to undergo a comprehensive review
4 Oct 2022 | Article
Read Insights
Media Release: Clayton Utz sees new Virgin Australia take flight with completion of sale to Bain
20 Nov 2020 | Media Release
Read Insights
Directors to get insolvent trading relief, but debt recovery toughened, under temporary COVID-19 measures
24 Mar 2020 | Article
Read Insights
More streamlined process, wider pool of buyers, for administrators in restructuring following Mesa Minerals decision
3 Dec 2018 | Article
Read Insights
Australian restructuring gets a boost as High Court supports the holding DOCA concept
12 Sep 2018 | Article
Read Insights
New ipso facto regime clearer with final Regulations, but uncertainty for business and insolvency sector remains
26 Jun 2018 | Article
Read Insights
Exemptions to the stay on ipso facto clauses released for comment
20 Apr 2018 | Article
Read Insights
Liquidators of insolvent corporate trustees, the law on distribution of assets has now been settled
23 Mar 2018 | Article
Read Insights
Safe harbour reforms passed, and anti-phoenixing reforms on the way
12 Sep 2017 | Article
Read Insights
Major decision on set-off and security interests in insolvency may lead to significant contractual change
7 Jun 2017 | Article
Read Insights
Find other people to support you
Find People