Gareth Jenkins
Clayton Utz
Partner
Brisbane
Always available. Razor like legal mind. Great to work with. A winner.
– Wright Prospecting Pty Ltd
Overview
Voted by peers as one of Australia's Best Lawyers in Litigation and Insolvency and Reorganisation (Best Lawyers Australia).
Bet the company and project litigation in the resources and financial sectors. Acts in some of the largest disputes in Australia.
Gareth has extensive experience in conducting large, multi-layered commercial disputes. He acts for resource companies, financiers, major corporations, administrators and liquidators, government owned corporations and government instrumentalities in a wide range of disputes, as well as for banks and other financiers in complex commercial litigation and also in matters involving the investigation powers of regulatory bodies such as the ASIC.
Notable Work
- Acting for Wright Prospecting Pty Ltd in high profile dispute in respect of the Hope Downs iron ore project located in the Pilbara region of WA.
- Acted for the Foster's Group in defending proceedings brought by the Liquidator of the Emanuel Group of Companies. This complex matter involved litigation in the Supreme Courts of both South Australia and Queensland and in the Federal Court of Australia as well as investigations by the ASIC.
- Advising Public Trustee of Queensland in relation to a number of complex commercial/insolvency matters including the liquidation of Octaviar Limited (formerly MFS Limited). Octaviar has been one of the largest and longest-running collapses in Australian corporate history.
- Conducted the defence of Federal Court of Australia proceedings involving a claim by a potential fuel supplier alleging Tarong Energy had misused its market power in relation to acquisition of future coal supplies.
- Advised on a complex claim brought against Bank of Queensland arising out of a failed joint venture to replace its fleet of ATMs. The action involved proceedings in the New South Wales and Queensland Supreme Courts.
- Advised Wright Prospecting on a dispute that arose from a catastrophic lead spill from the Esperance Port which resulted in widespread contamination in Esperance, WA. The incident prompted a Western Australia Parliamentary Inquiry and Gareth acted for Magellan Metals in public hearings, development of a disaster recovery plan and media strategy.
- Represented the administrators and deed administrators of the Monto Group in a sale program for the assets of the Group, implementing the Deeds of Company Arrangement and advising on the successful recapitalisation of the listed entity (a shell recapitalisation as opposed to a corporate recapitalisation).
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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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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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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