Restructuring

Our internationally recognised restructuring expertise has been called upon in almost all of Australia's major corporate restructurings over the past decade including Babcock & Brown, Allco Finance Group, Colorado Group, Alinta Energy Group, Reliance Rail, I-Med and Centro Properties Group.

Independent Endorsements

  • ALB Australian Law Awards Restructuring & Insolvency Deal of the Year 2010, 2009, 2008
  • Doyles Guide to The Australian Legal Profession 2011 Ranked in Insolvency
  • Corporate International Magazine 2010, 2009 Best Insolvency Firm in Australia
  • PLC Which Lawyer? 2012, 2011, 2010 Leading Firm for Restructuring & Insolvency
  • Chambers Global 2011, 2010 Restructuring & Insolvency
  • Asia Pacific Legal 500 2012, 2011, 2010 Restructuring & Insolvency
  • IFLR 1000 2012, 2011, 2010 Restructuring & Insolvency
  • Asia Pacific Legal 500 2012, 2011, 2010 Banking & Finance

Overview

"What is particularly exceptional with Henry Davis York is that it is not only the partners that are exceptionally skilled, knowledgeable and trustworthy, there are many layers of staff below partnership level that are equally impressive."
IFLR 1000, 2012

Henry Davis York is widely acknowledged amongst peers and the restructuring industry as Australia's leading restructuring law firm.

Our experts are known for their ability to bring a strategic mindset to distressed situations and to structure transactions innovatively, and for their accessibility, efficiency and commitment to going the extra mile. The depth of our knowledge and experience of all levels sets us apart.

We provide tailored expertise for clients seeking to proactively manage their credit risk, develop restructuring strategies for companies under stress and produce work-out proposals. We work with our clients to manage risk and credit exposures to achieve outcomes and results.

We recognise that restructures affect all facets of distressed companies and corporate groups. Henry Davis York's Restructuring team works with our colleagues in all practice groups to provide cohesive, expert advice across all aspects of a restructure.

Recognised Experts

Our experts are recognised internationally and domestically for their expertise in corporate reconstruction and are often called on to handle significant financial restructurings for our banking, institutional and hedge fund clients. They have advised clients on major collapses such as the highly complex $3.2 billion loan restructure to the Babcock & Brown Group and the restructures of Allco Finance Group, Centro Properties Group, Redcape, I-Med medical imaging group, Reliance Rail, Colorado Group, YPG New Zealand and Alinta Energy Group.

Leading the Field

While global corporations teeter on the precipice of collapse, Henry Davis York remains a cornerstone in the restructuring and work-out sector's most significant matters. We continue to facilitate our clients' relationships within the restructuring sector through linking them with industry leaders and forging strategic relationships.

What the Market Says

"Henry Davis York is definitely a top tier firm - the firm has one of the strongest insolvency practices in Sydney and maybe even Australia."
IFLR 1000, 2011

"High standard of advice across partner and senior associate level ... Experts at what they do, whilst still remaining commercially focused".
Chambers Global, 2010

"Henry Davis York has taken a lead in hard economic times. It has been involved at a strategic level in many of Australia's major collapses and the practice is praised for having a deep network in the banking sector".
Asia Pacific Legal 500, 2010

"When it comes to the Australian restructuring and insolvency market only one firm comes to mind: Henry Davis York".
IFLR 1000, 2009

Expertise

Henry Davis York's restructuring practice provides the full spectrum of restructuring advice for Australia's major trading banks, foreign banks, private equity, hedge funds, leasing companies, insolvency practitioners, accounting firms, corporates and investors in troubled businesses.

We advise on all aspects of restructuring including:

  • acquisition and disposal of distressed assets
  • creative restructuring options
  • credit risk reduction and management
  • creditors' rights and obligations
  • debt for equity swaps
  • dispute Resolution
  • distressed Debt & Special Situations Investing
  • distressed M&A
  • investigations and examinations by ASIC, administrators and liquidators
  • restructuring of debt and equity
  • restructuring strategies as an alternative to formal insolvency appointment
  • standstill arrangements
  • schemes of arrangement
  • voluntary administrations, receiverships and liquidations
  • work-out proposals.

We work with our clients to provide integrated and cohesive restructure solutions. Drawing on the expertise of our colleagues in our Banking & Finance, Corporate & Commercial, Environment & Planning and Workplace Relations and Safety Groups, we work as a team to provide our clients with advice on all aspects of restructures, achieving exceptional outcomes.

Credentials

"Henry Davis York has taken a lead in hard economic times. It has been involved at a strategic level in many of Australia's major collapses and the practice is praised for having a deep network in the banking sector".
Asia Pacific Legal 500, 2010

Henry Davis York is consistently ranked as Australia's leading restructuring law firm. Our recent experience and market leading transactions speak for themselves.

Babcock & Brown

Babcock & Brown was one of Australia's largest investment banks, with a market capitalisation in excess of $10 billion at its peak. It had a very complex structure, with thousands of entities and assets spanning across Australia, Asia, the US and Europe. We acted for the banking syndicate comprising a large number of Australian and foreign lenders on the restructure of debt facilities of approximately A$3.2 billion. As the debt traded, the syndicate continued to evolve and now consists mainly of distressed and special situation funds. We continue to provide ongoing strategic and general advice on this restructure, including the sale of the assets and the winding down of the business.

Centro Properties Group

Henry Davis York advised several major international funds on their senior debt holding in Centro Properties Group acquired through the secondary market. Centro Properties Group is one of Australia's largest and most complex real estate investment trusts. The restructure has involved a number of major restructures of various headstock debt facilities and we have provided strategic advice to our clients on their senior debt exposures to the Central Properties Group.

I-Med

We advised the mezzanine syndicate of 15 hedge funds and special situation institutional clients based in Hong Kong, Singapore, the UK and Sydney, on the restructuring of their $300 million exposures to medical imaging group, I-Med. Our lawyers advised on all aspects of this complex and multi-faceted transaction which included the implications under the Corporations Act of the value proposition of the I-Med group restructure, the syndicate's contractual rights and strategic legal advice in the restructuring negotiations with all stakeholders.

ABC Learning Centres

ABC Learning Centres has been one of the largest and most complex receiverships in Australia's corporate history. As lawyers for ABC Learning Centres' banking syndicate and receivers we have advised on a unique restructure of ABC's core business prior to its sale along with a number of cross-border issues. We have also provided general advice to the banking syndicate and on examinations conducted by the administrator/liquidator.

Octaviar Limited liquidation

We act for the liquidators of Octaviar Limited, a publicly listed company that was one of the first major Australian corporations to collapse due to the global financial crisis. Octaviar is a significant and complex liquidation which involves operations in Australia, New Zealand, Dubai and investments in the USA, Ireland, Germany and the Cayman Islands in a diverse range of industries including managed funds, aged care, tourism and the child care sector. At its peak, the Octaviar Group had over 400 companies and $5.2 billion in funds under management.

Colorado Group

Henry Davis York advised the majority of senior lenders to the Colorado Group on a dispute with another lender concerning inter-creditor rights. Our clients included local and foreign banks and hedge funds. We provided strategic advice to local and foreign banks and a hedge fund. We provided strategic advice to our clients on the proper construction of the contracts to resolve the dispute in favour of the senior lenders. This eliminated the need for protracted litigation, which could have derailed the anticipated restructure of the Colorado Group.

Sunshine Electricity

Henry Davis York is acting for the senior lenders to Sunshine Electricity, a joint venture between a subsidiary of Delta Electricity and the New South Wales Sugar Co-operative, which owns and operates green energy power generators.

Alinta Energy Restructure

The restructure of the Alinta Energy group was one of Australia's largest and most complex. We advised one of the larger secondary senior debt holders on its exposure to the Alinta Energy group. This included strategic advice on their senior debt holding, the potential leverage held by stakeholders including other debt providers and guidance on the proposed restructuring alternatives.

AET&D

Henry Davis York advised a syndicate of seven banks on their exposure to the AET&D group which held significant interests in major gas and electricity infrastructure and assets around Australia. This included strategic advice on the restructure and ultimate sale of the secured assets.

Forest Enterprises Australia Limited

Henry Davis York advises two major Australian banks owed $230 million dollars by the FEA Group, which collapsed in 2010. The collapse involved multiple forestry managed investment schemes and very substantial agricultural managed investment schemes.

Fly Leasing

We advised the Australian vendors in the sale to Fly Leasing of a US$1.4 billion portfolio of aircraft leased to 'flag carrying' global airlines. We provided our clients with advice on all aspects of the transaction including vendor due diligence, negotiating the sale and purchase agreement and strategic advice on various transactional challenges thrown up by the diversity of the stakeholder base.

PBL Media

Henry Davis York acted for a group of senior debt holders providing advice on the proposed restructuring of the PBL Media debt and capital injection by CVC.

Reliance Rail

We act for creditors of Reliance Rail on their exposure to the Waratah Train PPP. The project has been at the forefront of public interest and due to its complex structure and political relevance, our clients have required strategic advice within the complex documentation matrix.

Mining Matters

We have had significant engagements on mining transactions for individual special situations funds and ad hoc committees including Sons of Gwalia, Henry Walker Eltin, Lafayette Mining, Southland Coal, Tamaya Resources, Pasminco, Apex Minerals, Brandrill, Griffin Coal, Ravensthorpe and Sinom Investments.

Non-public investments

We have also advised on many non-public distressed investments, in a diverse range of industries including agriculture, managed investment schemes, financial services, energy, infrastructure, entertainment and communications.

Publications