Scott Sharry
Clayton Utz
Partner
Brisbane
Excellent understanding of the issues, very responsive and accessible. Strong advocate for his client.
– IFLR
Overview
Scott has market-leading reputation in Litigation and Restructuring and Insolvency. Scott was recognised as a “Lawyer of the Year” in Qld in Insolvency & Reorganisation by Best Lawyers Australia, 2023, and as a preeminent or leading individual in Queensland in Best Lawyers Australia, and Doyle’s Guide.
Specialising in both commercial litigation and restructuring and insolvency, Scott is a go-to litigator known to his clients for delivering high quality, meaningful and practical advice, providing a full range of options and well-reasoned recommendations. Scott has acted for a wide range of private sector, local, state and federal government clients over the past 20 years throughout Australia. Scott is also the Partner-in-charge of our Brisbane office.
Notable Work
- Public Trustee of Queensland: acts as co-leads for the team. Public Trustee of Queensland is a major creditor of the Octaviar Group of companies. The Octaviar Group has approximately $2 billion in creditors. Major banks: acting in respect of numerous secured and unsecured recovery matters, general banking litigation matters as well as providing advice in relation to insolvency and external administration issues.
- Storm Financial Group: lead adviser to the receivers and managers of the group in relation to all aspects of the receivership including recovery of assets and actions against the former directors. The Storm Group had funds under investment of approximately $1 billion.
- JM Kelly Group: acted for the Liquidators of thirteen entities in the group in relation to one of the longest public examinations heard in the Federal Court. The liquidators estimate that the total creditors of the JM Kelly Group are in excess of A$30 million.
- Caledon Group of Companies: advised on a range aspects of administration and subsequent liquidation.
- CRCG-Rimfire Pty Ltd: Advised the Administrators and then Deed Administrators, including successfully defending Federal Court proceedings seeking orders for the termination of the DOCA (including on appeal) and an appeal against the Deed Administrators' rejection of certain proofs of debt.
- Department of Health (Commonwealth): advising on all aspects of its dealings with a financially distressed aged care provider (PresCare), including the operation of aged care legislation and the Court appointment of Receivers.
- Listed Entity and Subsidiaries: acting for the administrators of a listed entity and its subsidiaries which owned a Queensland mine.
- APLNG: advising in respect of 4 multi-million dollar insurance claims concerning the construction of its Coal Seam Gas to Liquefied Natural Gas project (>$300M).
Insights
Media release: Marisa Veerman wins 2024 Clayton Utz Art Award for ‘Way of Being’
11 Oct 2024 | 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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Signed, sealed, emailed: service by electronic communication and setting aside statutory demands
30 Nov 2022 | Article
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Australia’s corporate insolvency laws to undergo a comprehensive review
4 Oct 2022 | Article
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Media Release: “Powerful image” of free speech advocate Peter Greste takes out the 2022 Clayton Utz Art Award
8 Sep 2022 | Media Release
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Media Release: Clayton Utz claims over 200 spots in The Best Lawyers in Australia and inaugural 'Ones to Watch' 2023 Editions
21 Apr 2022 | Media Release
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Shareholders as interrogators: public examination of former directors by shareholders in pursuit of a class action
3 Mar 2022 | Article
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Media Release: Conversation-starting 'January 26' wins 2021 Clayton Utz Art Award
22 Sep 2021 | Media Release
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Price v Spoor: contracting out of statutory limitation periods = unfair?
8 Jul 2021 | Article
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Issuing a purchase order: does it amount to an acknowledgement of debt?
13 May 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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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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Liquidators' power to disclaim environmental liabilities and obligations upheld (for now)
25 Oct 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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Disclaimers and the obligation to comply with environmental protection orders
15 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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A liquidator's disclaimer of a lease extinguishes a tenant's leasehold interest
25 Oct 2012 | Article
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