Jonathon McRostie
Clayton Utz
Special Counsel
Melbourne
Overview
Voted by peers as One to Watch in Insolvency and Reorganisation Law and Litigation (Best Lawyers Australia)
Jonathon specialises in complex litigation, with a focus on corporate insolvency and reconstruction matters. Jonathon acts for insolvency practitioners, banks, company officers, secured and unsecured creditors and has worked on a broad spectrum of commercial litigation matters.
Notable Work
- Advised the voluntary administrators, and then subsequently liquidators, of the national retailer Jeanswest in relation to its ongoing trading and general administration issues with suppliers, lessors and major counterparties and the ultimate sale of approximately 100 stores and closure of remaining stores.
- Advised the voluntary administrators of Dixon Advisory on a range of issues related to the administration of the company, including communications with regulators and ongoing trading of the company.
- Advised liquidators appointed by ASIC to a failed group of companies (CME Group) that conducted a non-compliant managed investment scheme to procure funds from investors totalling A$13.5m, including various applications in the Federal Court of Australia.
- Advised voluntary administrators of Virgin Airlines on cross-border insolvency proceedings in Japan.
- Advised Westpac in relation to its role as major secured creditor of Sargon Group, ongoing advice in relation to the impacts of the various administrations and receivership appointments and the continued trading of the Sargon group.
- Acted for Myer in successful defence of unfair preference claim issued in the Supreme Court of Victoria by the liquidators of supplier.
- Advised Optus in connection with a claim issued against it in the Supreme Court of Victoria seeking over A$250 million in damages.
Insights
Search and Seizure Warrants: An option for liquidators when directors are persistently not co-operating
9 Dec 2021 | Article
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Marshalling the troops when debtors become insolvent: A refresher on the equitable doctrine of marshalling
31 Oct 2019 | Article
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Watch this space: the ATO's "reasonably arguable" duty of care to taxpayers
8 Aug 2019 | Article
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In Amerind we (mostly) trust: navigating the statutory priority regime when winding up an insolvent corporate trustee
27 Jun 2019 | Article
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