Tuesday, 21 November 2017

Nicole Tyson
“My clients will always get a straight answer from me. I tell it like it is and develop solutions accordingly.”
Telephone +61 2 8915 1017
Facsimile +61 2 8916 2017
Email Nicole
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Insolvency and restructuring are high risk areas for clients.  What drives me is getting results for my clients, irrespective of the complexity or difficulty involved. 

 

My aim is to:

  1. Move quickly and decisively from the start. Insolvency matters progress quickly.  Clients need prompt and accurate turnaround.
  2. Understand the client’s risk profile and business objectives.  I work with clients to structure outcomes which achieve the greatest value whilst minimising risk. 

I have many years’ experience in insolvency, restructuring, distressed debt and enforcement work.  My particular areas of focus are:

 

  • Insolvency workouts and distressed debt advisory/restructuring and enforcement
  • Securities enforcement:, particularly PPSA enforcement work, secured priority disputes, enforcement over intangibles, receivables and crop liens, negotiation of standstill arrangements and inter creditor financing
  • Invoice financing arrangements
  • Distressed debt advisory and enforcement
  • Advising Boards on solvency and governance issues
  • Insolvency litigation, including liquidator Court applications
  • General commercial and corporate litigation

 

 

 

Qualifications

B Ec LLB (Hons) – University of Adelaide
 

Member, Insolvency Practitioners Association of Australia
 

Member, Commercial Law Association

 

Member, Women Lawyers' Association of NSW

 “Nicole is an excellent lawyer and quite creative.”
Trevor Pogroske
Grant Thornton
Latest Knowledge
Harper Reforms - what you need to know
16 November 2017
On 6 November 2017, significant changes to Australia’s competition laws came into effect, introducing some of the key recommendations of the 2015 Harper Competition Policy Review.
MORE INFORMATION
Employment Law in Australia Overview
14 August 2017
In Australia, employment is primarily regulated by legislation at the Federal level. There are some areas, notably long service leave, which continue to be regulated at the State and Territory level.
MORE INFORMATION
Poor Relationships with Colleagues Leads to Dismissal
03 September 2015
BRR Media interview with Martin O'Connor, Partner on Thursday 3 September 2015 at 4:00pm.
MORE INFORMATION

Examples of my work include:

 

  • Securities enforcement:  extensive PPSA enforcement work, dealing with competing priority claims, enforcement over intangibles, receivables and crop liens, negotiation of standstill arrangements and inter creditor financing;  invoice financing enforcement
  • Insolvency workouts  including structuring and negotiating transactions and conducting due diligence in workout scenarios on behalf of secured parties and corporates; also in context of deeds of company arrangement
  • Distressed debt advisory and enforcement
  • General insolvency advice and litigation
  • Advising Boards on solvency and governance issues
  • Insolvency litigation, including liquidator applications and recovery actions
  • Extensive commercial litigation experience, Corporations Act matters, shareholder oppression claims, actions for breach of directors’ and fiduciary duties, general contractual litigation


 

 

Qualifications

B Ec LLB (Hons) – University of Adelaide
 

Member, Insolvency Practitioners Association of Australia
 

Member, Commercial Law Association

 

Member, Women Lawyers' Association of NSW

 “Nicole is an excellent lawyer and quite creative.”
Trevor Pogroske
Grant Thornton
Latest Knowledge
Harper Reforms - what you need to know
16 November 2017
On 6 November 2017, significant changes to Australia’s competition laws came into effect, introducing some of the key recommendations of the 2015 Harper Competition Policy Review.
MORE INFORMATION
Employment Law in Australia Overview
14 August 2017
In Australia, employment is primarily regulated by legislation at the Federal level. There are some areas, notably long service leave, which continue to be regulated at the State and Territory level.
MORE INFORMATION
Poor Relationships with Colleagues Leads to Dismissal
03 September 2015
BRR Media interview with Martin O'Connor, Partner on Thursday 3 September 2015 at 4:00pm.
MORE INFORMATION
Corporate Restructuring
I often assist clients to restructure their businesses to address actual or potential solvency issues. This may assist in preserving value via an informal workout scenario or maximising returns within a formal insolvency regime.
View Full Case Study
Distressed Debt Acquisition and Enforcement
I have recently acted for an investment fund on its acquisition and enforcement of distressed media assets.
View Full Case Study
Insolvency litigation
Insolvency practitioners frequently approach me to assist them with asset recoveries.
View Full Case Study
Personal Properties Securities Act
The PPSA work conducted by my team ranges from managing complex workouts and priority disputes to advising corporations and insolvency practitioners on the enforceability of securities.
View Full Case Study
Protection of Directors
Directors of insolvent or potentially insolvent companies are often referred to me for general advice and/or to act in insolvency related litigation.
View Full Case Study
Corporate governance and related advice
I often advise boards on corporate governance/restructuring/insolvency issues.
View Full Case Study
 

Qualifications

B Ec LLB (Hons) – University of Adelaide
 

Member, Insolvency Practitioners Association of Australia
 

Member, Commercial Law Association

 

Member, Women Lawyers' Association of NSW

 “Nicole is an excellent lawyer and quite creative.”
Trevor Pogroske
Grant Thornton
Latest Knowledge
Harper Reforms - what you need to know
16 November 2017
On 6 November 2017, significant changes to Australia’s competition laws came into effect, introducing some of the key recommendations of the 2015 Harper Competition Policy Review.
MORE INFORMATION
Employment Law in Australia Overview
14 August 2017
In Australia, employment is primarily regulated by legislation at the Federal level. There are some areas, notably long service leave, which continue to be regulated at the State and Territory level.
MORE INFORMATION
Poor Relationships with Colleagues Leads to Dismissal
03 September 2015
BRR Media interview with Martin O'Connor, Partner on Thursday 3 September 2015 at 4:00pm.
MORE INFORMATION
Beyond the headlines – what does the appointment of administrators to SumoSalad entities really mean?
27/6/2017
On 13 June 2017 the Australian Financial Review published an article titled “SumoSalad uses Insolvency Laws to fight Scentre’s Westfield”.
View Full Focus Paper
Another PPSR error costs a financier millions
17/5/2017
Another financier has lost millions due to a faulty PPSR registration.
View Full Focus Paper
Directors beware: court imposes personal liability for employee entitlements
14/12/2016
Directors have new cause to ensure their obligations to employees are met as a result of a recent Federal Circuit Court decision which found that a director was personally liable for employee entitlements.
View Full Focus Paper
New Notice Requirements to Assign Receivables
17/12/2015
The assignment of debts is common in many transactions - from the sale of businesses to restructuring scenarios. Assigning a debt requires written notice of the assignment being given to the debtor.
View Full Focus Paper
When a Secured Debt becomes Unsecured
8/10/2015
The Corporations Act (the Act) permits a liquidator to claw back preferential payments made to an unsecured creditor within the six (6) month period prior to the winding up: section 588FA of the Act.
View Full Focus Paper
The High Court affirms the Liquidator's Equitable Lien
22/5/2014
The High Court has recently affirmed the existence and scope of a liquidator’s equitable lien in Stewart v Atco Controls Pty Limited (in liquidation) [2014] HCA 15.
View Full Focus Paper
Beware Parting with Possession of PPS Assets
15/5/2014
A recent decision of the Supreme Court of Western Australia highlights the importance of properly registering security interests under the Personal Property Securities Act 2009 (Cth) (the Act).
View Full Focus Paper
Can a Voluntary Liquidator Obtain Orders to Issue Creditor Notices Electronically?
23/9/2013
Voluntary administrators frequently obtain Court orders permitting notices to be issued to creditors electronically. Such orders are made under section 447A of the Corporations Act on grounds of efficiency, cost and necessity. See Mothercare Australia Ltd (Administrators Appointed) [2013] NSWSC 263 and Creative Memories Australia Pty Ltd [2013] NSWSC 1294.
View Full Focus Paper
Insolvency Legal Update
11/7/2012
Welcome to the Addisons Insolvency Update for July 2012. Recent months have brought many developments in the insolvency, corporate and financial services fields. We report on some of these.
View Full Publication
Insolvency - Legal Update
28/3/2012
Welcome to Addisons Insolvency Update for March 2012. Recent months have brought a myriad of legal developments in the insolvency/restructuring field. We report on some of these.
View Full Publication
Don't Dawdle When Registering Dealings
13/2/2012
The Supreme Court's recent decision in Taleb v National Australia Bank Ltd [2011] NSWSC 1562 is a reminder for banks and financial institutions to move promptly to register Real Property Act 1900 (NSW) dealings. In this case, had NAB registered sooner it would have avoided costly litigation.
View Full Focus Paper
When is a Release Not a Release?
13/2/2012
In Padstow Corporation Pty Ltd v Fleming [2011] NSWSC 1337 (31 October 2011) the plaintiff sued the defendants as guarantors for amounts allegedly owed jointly and severally. The plaintiff discontinued its claims against the first defendant under Terms of Settlement. Addisons acted for the first defendant.
View Full Focus Paper
Contracts and Literal Meaning - Be Aware of the Scope of Your Contractual Obligations and Rights
12/1/2012
The High Court has recently reaffirmed that parties are bound by the literal meaning of words in a contract. Even if the effect of the literal meaning is unfair or lacks business sense, the parties will be bound unless it is patently absurd or ambiguous: see Western Export Services Inc v Jireh International Pty Ltd [2011] HCA 45.
View Full Focus Paper
Is your business prepared for the coming PPS Regime?
27/7/2011
In October 2011, a new personal properties regime will commence in Australia - the Personal Property Securities Act (2009) (PPS Regime).
View Full Focus Paper
What are my Obligations as Responsible Entity of an Insolvent Scheme?
1/12/2010
The collapse of several high profile managed investment schemes including Trio Capital and Rubicon Asset Management, have resulted in a series of Court rulings on the liquidation of schemes. Whilst these cases provide useful guidance on the mechanism of winding up schemes, they also highlight the onerous responsibilities imposed on responsible entities of an insolvent scheme.
View Full Focus Paper
Third Party Claimants – Greater Access to Insurance Policies
30/8/2010
The usual course of action by third party claimants who have suffered loss or damage is to sue the wrongdoer directly. An insured wrongdoer would then have to sue their insurer to obtain insurance coverage. If the wrongdoer is insolvent, the claimant can sometimes sue the insurer direct under s6(4) Law Reform (Miscellaneous Provisions) Act 1946 (NSW).
View Full Focus Paper
 

Qualifications

B Ec LLB (Hons) – University of Adelaide
 

Member, Insolvency Practitioners Association of Australia
 

Member, Commercial Law Association

 

Member, Women Lawyers' Association of NSW

 “Nicole is an excellent lawyer and quite creative.”
Trevor Pogroske
Grant Thornton
Latest Knowledge
Harper Reforms - what you need to know
16 November 2017
On 6 November 2017, significant changes to Australia’s competition laws came into effect, introducing some of the key recommendations of the 2015 Harper Competition Policy Review.
MORE INFORMATION
Employment Law in Australia Overview
14 August 2017
In Australia, employment is primarily regulated by legislation at the Federal level. There are some areas, notably long service leave, which continue to be regulated at the State and Territory level.
MORE INFORMATION
Poor Relationships with Colleagues Leads to Dismissal
03 September 2015
BRR Media interview with Martin O'Connor, Partner on Thursday 3 September 2015 at 4:00pm.
MORE INFORMATION