Jennifer Ball
Clayton Utz
Partner
Sydney
A very capable and quite a formidable opponent in litigation.
- Chambers Asia-Pacific
Overview
Turnaround Management Association Australia (TMAA) - former Chair and Director of the National Board; Junior Vice President and Counsellor of the Law Society of New South Wales; Director of the Legal Profession Admissions Board; Chair of the Professional Conduct Committee of the Law Society of New South Wales
A leading commercial litigator with specialist expertise in insolvency and restructuring in sectors ranging from mining and industrial manufacture, telco, aged care, pharmaceutical, to construction as well as shareholder litigation. Jennifer's work is widely acknowledged involving all forms of commercial dispute resolution, including litigation in all court jurisdictions, negotiations and mediation. Jennifer also assists corporates as well as insolvency appointees in relation to both contentious and transactional matters and often at short notice has obtained urgent freezing orders to assist in recoveries. Jennifer also regularly advises boards in relation to the financial restructuring or turnaround of distressed companies proactively identifying and advising on the full spectrum of legal issues in a restructure scenario.
Notable Work
- Advised GFG Alliance and SIMEC ZEN Energy on risk matrix issues in preparation of a proposed sustainable infrastructure partnership with the state of Victoria for a renewable energy with solar, wind and firming assets as a future sustainable power solution with Victoria's Portland smelter.
- Advising the shareholders and directors in the Karem Pharmaceutical Group in relation to a financial debt restructure and its borrowings with Australian Pharmaceutical Industries.
- Lead Advisor of cross disciplinarian team to the board of Arrium Limited on the company's strategic review and $1.2b recapitalisation plan, which included the Whyalla Steelworks located in South Australia.
- Advised Vocation Limited on its successful restructuring of $85 million of debt which stabilised the company's finances which allowed Vocation to commence its turnaround plan.
- Acted for and advised OneSteel Manufacturing Pty Ltd and Tahmoor Coal Pty Ltd, the defendants in successfully defending a winding up application filed by Citibank N.A (London Branch) in the Supreme Court of New South Wales.
- Advised Accor Hotels in relation to the successful defence of various claims made against it by the liquidator appointed to Vantage Automotive for voidable transactions.
- Acted for and advised shareholder AT Roberts Holdings Pty Ltd (a subsidiary of Roberts Co)in relation to a shareholder dispute with Pizzarotti SA, (formerly Impresa Pizzarotti & C.S.p.A), under a shareholders deed which involved the negotiation of a satisfactory resolution of the dispute over a shareholder contribution of A$100million.
- Assisted a team in relation to the Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry, including in relation to responses to notices for production of documents and review of thousands of documents produced to the Commission.
- Acting for and advising Biodiversity Sub TC Pty Ltd as trustee for Biodiversity Sub Trust (a subsidiary of Blackstone Group Inc.) in Supreme Court proceedings in Victoria involving 11 other parties and a claim for rectification and damages of a property more than $120M.
- Advised and acted for KPMG the provisional liquidators and subsequent court appointed liquidators appointed by the Supreme Court of New South Wales to a number of the companies within the group of companies operating the Pages Event Hire business in relation to the successful sale of assets of two of the event hire companies and a sale of the business.
Insights
Courts' reluctance to condemn liquidators could spur further regulatory guidance, following first test of new insolvency laws
20 Dec 2023 | Article
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"Logically, ethically and grammatically wrong": Federal Court cautions use of direct speech in witness evidence
9 May 2023 | Article
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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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Unravelling phoenix transactions: complications in relief in the first test of the new anti-phoenixing laws
7 Jul 2022 | Article
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To vest the security interest or not to vest the security interest after a restructuring?
10 Dec 2020 | Article
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Insolvency reforms: Corporate Insolvency Reforms Bill raises more questions than it answers
16 Nov 2020 | Article
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Media Release: Disruption to "creative destruction" a chance for companies to transform From Red to [a new] Black
27 Oct 2020 | Media Release
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Major shake-up of restructuring laws for small business: great in theory, but more information please
1 Oct 2020 | Article
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High Court confirms influence, not job title, the key to Corporations Act liability as director or officer
1 Apr 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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Out of the director shadows to imprisonment: the lessons for insolvency practitioners from the Kleenmaid prosecution
5 Mar 2020 | Article
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Liquidators of a corporate group dealing with both lodging and adjudicating proofs of debts now have some guidance
30 May 2019 | 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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NSW Conveyancing Act a useful tool for creditors and insolvency practitioners
30 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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Anti-phoenixing reforms to corporate law, tax law and insolvency now open for consultation
29 Sep 2017 | 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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Clayton Utz features prominently among winners at the 2017 Australasian Law Awards
2 Jun 2017 | Media Release
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Reminder to directors: Legal advice to the company may be subject to your claim for legal professional privilege, unless…
27 Apr 2017 | Article
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