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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
Directors’ Duties - "Should we?" - the High Court says "NO" in ASIC v Lewski
06 February 2019
APRA’s 2018 review into CBA’s corporate governance practices recommended injecting into CBA’s DNA a “should we?” question in relation to all dealings with and decisions on customers. The High Court expressed a similar sentiment in its recent decision in ASIC v Lewski, reminding company boards of the high standard expected of directors in making decisions when the stakes are high, the amounts involved are significant and there are potential conflicts of interest involved. The court at first instance also made some helpful observations in relation to when a director can or should rely on professional advice in making a determination, which is summarised in the article.
MORE INFORMATION
Gambling Law & Regulation Newsletter - December 2018
21 December 2018
Welcome to the December 2018 edition of the Addisons Gambling Law & Regulation Newsletter. This newsletter contains Focus Papers published recently by Addisons concerning various issues relating to gambling regulation in Australia and recent developments that are likely to have an impact on the gambling sector during 2019.
MORE INFORMATION
Commercialisation of Intellectual Property
14 November 2018
In this edition of BenchTV, Partner, Donna Short and Special Counsel, Hazel McDwyer discuss the phases of a commercialisation project, the types of intellectual property in commercialisation agreements, and the need for the protection of intellectual property both on a domestic and global scale.
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
Directors’ Duties - "Should we?" - the High Court says "NO" in ASIC v Lewski
06 February 2019
APRA’s 2018 review into CBA’s corporate governance practices recommended injecting into CBA’s DNA a “should we?” question in relation to all dealings with and decisions on customers. The High Court expressed a similar sentiment in its recent decision in ASIC v Lewski, reminding company boards of the high standard expected of directors in making decisions when the stakes are high, the amounts involved are significant and there are potential conflicts of interest involved. The court at first instance also made some helpful observations in relation to when a director can or should rely on professional advice in making a determination, which is summarised in the article.
MORE INFORMATION
Gambling Law & Regulation Newsletter - December 2018
21 December 2018
Welcome to the December 2018 edition of the Addisons Gambling Law & Regulation Newsletter. This newsletter contains Focus Papers published recently by Addisons concerning various issues relating to gambling regulation in Australia and recent developments that are likely to have an impact on the gambling sector during 2019.
MORE INFORMATION
Commercialisation of Intellectual Property
14 November 2018
In this edition of BenchTV, Partner, Donna Short and Special Counsel, Hazel McDwyer discuss the phases of a commercialisation project, the types of intellectual property in commercialisation agreements, and the need for the protection of intellectual property both on a domestic and global scale.
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
Directors’ Duties - "Should we?" - the High Court says "NO" in ASIC v Lewski
06 February 2019
APRA’s 2018 review into CBA’s corporate governance practices recommended injecting into CBA’s DNA a “should we?” question in relation to all dealings with and decisions on customers. The High Court expressed a similar sentiment in its recent decision in ASIC v Lewski, reminding company boards of the high standard expected of directors in making decisions when the stakes are high, the amounts involved are significant and there are potential conflicts of interest involved. The court at first instance also made some helpful observations in relation to when a director can or should rely on professional advice in making a determination, which is summarised in the article.
MORE INFORMATION
Gambling Law & Regulation Newsletter - December 2018
21 December 2018
Welcome to the December 2018 edition of the Addisons Gambling Law & Regulation Newsletter. This newsletter contains Focus Papers published recently by Addisons concerning various issues relating to gambling regulation in Australia and recent developments that are likely to have an impact on the gambling sector during 2019.
MORE INFORMATION
Commercialisation of Intellectual Property
14 November 2018
In this edition of BenchTV, Partner, Donna Short and Special Counsel, Hazel McDwyer discuss the phases of a commercialisation project, the types of intellectual property in commercialisation agreements, and the need for the protection of intellectual property both on a domestic and global scale.
MORE INFORMATION
A Few Missing Words Defeats a $55 Million Obligation
14/2/2019
The recent case of Santos Limited v BNP Paribas [2019] QCA 11 is a reminder of the need for precise drafting when issuing legal demands and the drastic consequences which can otherwise follow.
View Full Focus Paper
PPSA has its 7 year birthday
24/10/2018
31 January 2019 marks 7 years since the commencement of the Personal Property Securities Act (2001) (PPSA).
View Full Focus Paper
"Ipso facto" amendments to the Corporations Act - what does this mean and what impact does it have on your contracts from 1 July 2018?
28/6/2018
Commercial contracts commonly include a term which permits one party to exercise certain contractual rights (including the right to terminate) if the other party is either insolvent or at the risk of becoming insolvent. Such clauses are commonly called “ipso facto” clauses.
View Full Focus Paper
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
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
 

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
Directors’ Duties - "Should we?" - the High Court says "NO" in ASIC v Lewski
06 February 2019
APRA’s 2018 review into CBA’s corporate governance practices recommended injecting into CBA’s DNA a “should we?” question in relation to all dealings with and decisions on customers. The High Court expressed a similar sentiment in its recent decision in ASIC v Lewski, reminding company boards of the high standard expected of directors in making decisions when the stakes are high, the amounts involved are significant and there are potential conflicts of interest involved. The court at first instance also made some helpful observations in relation to when a director can or should rely on professional advice in making a determination, which is summarised in the article.
MORE INFORMATION
Gambling Law & Regulation Newsletter - December 2018
21 December 2018
Welcome to the December 2018 edition of the Addisons Gambling Law & Regulation Newsletter. This newsletter contains Focus Papers published recently by Addisons concerning various issues relating to gambling regulation in Australia and recent developments that are likely to have an impact on the gambling sector during 2019.
MORE INFORMATION
Commercialisation of Intellectual Property
14 November 2018
In this edition of BenchTV, Partner, Donna Short and Special Counsel, Hazel McDwyer discuss the phases of a commercialisation project, the types of intellectual property in commercialisation agreements, and the need for the protection of intellectual property both on a domestic and global scale.
MORE INFORMATION