Maria O'Brien
Clayton Utz
Ranked Band 1 for Restructuring and Insolvency
– Chambers Asia Pacific
Specialising in both restructuring and insolvency and commercial litigation, Maria acts for distressed or insolvent companies, their external administrators and creditors on a wide range of insolvency issues (both contentious and non-contentious), including informal workouts, with a particular focus on cross-border restructuring and insolvency.
Maria is a Fellow of INSOL International (the International Association of Restructuring, Insolvency & Bankruptcy Professionals), and is the Chair (and past President) of the Turnaround Management Association (Australia). She is a member of the External Advisory Committee to the Australian Financial Security Authority (AFSA) and is a Treasury appointment to the Ministerial Pool for Insolvency Practitioner Registration and Disciplinary Committees convened under the Corporations Act.
Virgin Australia Directors: Acted for the directors of Virgin Australia Holdings in connection with the administration including for former Chair, Elizabeth Bryan, and former CEO, Paul Scurrah, in defending a class action proceeding brought against them in the Federal Court by a noteholder.
Garuda Indonesia: Acted in connection with the Australian aspects of Garuda’s restructure by Indonesian PKPU in successfully resisting on foreign state immunity grounds a winding up application brought against Garuda in the Supreme Court of New South Wales by aircraft lessor Greylag, including acting on Greylag’s appeals to the Court of Appeal and the High Court.
Robyn Duggan: Acted for Robyn as deed administrator appointed by ASIC in place of Peter Amos (who subsequently pleaded guilty to dishonestly using his position as an officer of a company to gain an advantage for himself contrary to s184 of the Corporations Act) in seeking orders pursuant to s447A of the Corporations Act to give effect to the deed of company arrangement of Conomi Group.
Astora Women’s Health: Acted in obtaining recognition in Australia under the UNCITRAL Model Law on Cross-Border Insolvency given effect to by the Cross-Border Insolvency Act 2006 (Cth) (Model Law) of the chapter 11 proceeding brought by Astora (part of the Endo Group of companies) in the Bankruptcy Court of the Southern District of New York.
Barbara and Ted Grimley: Acted pro bono for Barbara and Ted Grimley, the parents of Sydney fraudster Melissa Caddick, in securing a $950K settlement of their claims against her estate.
Global Loan Agency Services (GLAS): Acted for GLAS in connection with enforcement proceedings against property of Noorinya Holdings, an entity associated with Nathan Tinkler.
Thai Airways: Acted for Thai Airways in obtaining recognition in Australia under the Model Law of the Business Reorganization commenced by Thai Airways in the Central Bankruptcy Court of Thailand.
L Brands (Victoria’s Secret): Acted for L Brands in connection with supply arrangements with Australian swimwear manufacturer, Seafolly, in voluntary administration.
MA Financial/Sixth Street Partners: Acted in resolving issues regarding their secured exposure as lenders to a 40 storey residential development, Eklipse.
Network Ten: Acted for Mark Korda, Jennifer Nettleton and Jarrod Villani as administrators of Network Ten, one of Australia's three major commercial free-to-air television channels in the administration and the sale of the shares in Ten to CBS pursuant to deed of company arrangement, including acting in urgent proceedings brought by an unsuccessful underbidder and in seeking court approval under s444GA of the Corporations Act.
Emeco Holdings: Acted for Australian-listed mining services company Emeco Holdings in its restructure by creditors' scheme of arrangement in the Federal Court of Australia with recognition in the US pursuant to Chapter 15.
Other experience: Maria has acted in obtaining the Court approval of more than 20 members’ schemes of arrangement and acted in a range of confidential safe harbour assignments.
*Experience prior to joining Clayton Utz