Nick Poole
Clayton Utz
Partner
Melbourne
Ranked as a leading practitioner for Restructuring and Insolvency
– Chambers Asia Pacific
Overview
Nick is the National Practice Group Leader of the Restructuring and Insolvency Practice Group. Nick specialises in restructuring, special situations, insolvency and secured lending transactions. His practice has a focus on advising alternative lenders in originating transactions and managing credit risk, advising boards and lenders on risk and distressed transactions and acting for parties in the secondary debt market. Nick has extensive experience across Asia Pacific where he worked for eight years and was a partner in the R&I group of an international firm prior to joining Clayton Utz.
Notable Work
- GFG Alliance: advising on its acquisition of Arrium and its global restructuring and financing arrangements following the collapse of Greensill.
- Various secured lenders: advising in connection with the administration of the Toplace property group including funding and realisation strategies and enforcement options.
- Secured lender: advising the secured lender of (and receivers and managers appointed to) entities within the Porter Davis group of companies (one of Australia's largest home builders).
- Calibre Group: advised the Group's senior lenders with respect to its financial and corporate restructuring including the sale of its professional engineering, sustainable infrastructure and built environment solutions businesses to WSP and Egis Group.
- Various interested parties and stakeholders: advised those involved in Wiggins Island Coal Export Terminal (WICET) including a group of holders of Wiggins Island Preference Shares with respect to rights and restructuring options.
- Voluntary administrators of the national retailer Jeanswest: advised in relation to its on-going trading and general administration issues with suppliers, lessors and major counterparties and the ultimate sale of approximately 100 stores and closure of remaining stores.
- Offshore funds: advises with respect to priority administrator funding, senior, uni-tranche and mezzanine financing and preferred equity investments in respect of various mining and property investments.
- Various participants: advised various buyers and sellers of non-performing loan portfolios across Asia Pacific including in Thailand, Hong Kong, Macau and Australia.
- Peabody Group: advised with respect to its global restructure, including pre and post-Chapter 11 filing, implementation and emergence and on-going financing and contractual arrangements.
Insights
Media release: Restructuring and insolvency lawyer Katie Higgins to join Clayton Utz partnership
24 Oct 2024 | Media Release
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Media Release: ATO adds pressure to increasing insolvencies says Clayton Utz R&I report
27 Jun 2024 | Media Release
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Deposit, Coposit or no-posit? The question posited by today's lenders in Australia's housing market
5 Jun 2024 | Article
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Media release: Restructuring and Insolvency leader Maria O'Brien to join Clayton Utz
18 Mar 2024 | Media Release
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Media Release: Clayton Utz captures two 'Law Firm of the Year' awards in The Best Lawyers in Australia 2024 edition
20 Apr 2023 | Media Release
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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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Third time lucky? Decision upheld to set aside disclaimer of contaminated property where liquidators hold indemnity
11 Nov 2021 | 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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Pride and prejudice (but not for creditors): Disclaimer of property set aside where liquidators hold indemnity
17 Sep 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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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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ASX and the insolvent trading safe harbour ‒ disclosure requirements clarified
29 Mar 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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Clayton Utz acts for GFG Alliance in successful bid to acquire Arrium
7 Jul 2017 | Media Release
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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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