Sam is an insolvency and restructuring practitioner who focuses on dispute resolution. Sam has broad ranging experience in a wide variety of disputes dealing with all aspects of external administrations and security enforcement.
Sam also has extensive experience in in a diverse range of regulatory issues and investigations, including dealings with regulatory bodies like ASIC and AFCA. He has detailed experience in Royal Commissions and was previously the Principal Legal Officer of the Queensland Racing Commission of Inquiry.
AGM Markets Pty Ltd
Advising in all aspects of the liquidation of AGM, a former financial services provider offering offered over-the-counter derivative products to retail investors, in relation to issues such as the assessment of investors’ claims, communications with creditors and Privacy Act 1988 (Cth) issues.
Acting for various Watpac entities in relation to claims brought against approximately 30 principal contractors by the liquidators of various Hastie Group entities. The proceedings involve complicated insolvency and construction issues relating to set-off and the interaction of provisions of the Corporations Act 2001 (Cth) Personal Property Securities Act 2009 (Cth).
Banksia Securities Limited
Acting for KPMG as the liquidators and special purpose receivers of Banksia Securities Limited. Banksia operated as a non-bank lender and raised monies from the public by issuing debentures to investors pursuant to prospectuses and advanced funds raised to third party borrowers for property investment and development purposes. At the time of its collapse, Banksia owed approximately $663 million to approximately 15,622 debenture-holders and had 956 loans outstanding totalling approximately $527 million. Sam has advised in all aspects of the liquidation and special purpose receivership, including in relation to issues such as:
- High Court proceedings (see Australian Funding Partners Ltd v Botsman & Ors  HCATrans 102)
- complicated applications seeking approval for remuneration (see for example Banksia Securities Limited  NSWSC 1899)
- Court approval for settlement of claims intersecting with group proceedings (see for example Banksia Securities Limited  VSCA 348)
- group proceeding issues and litigation funders (see for example Banksia Securities Limited  VSC 554 and  VSC 653)
- insurance claims (see for example Banksia Securities Limited  NSWSC 629)
Conflicts of interest
Acting for liquidators in responding to allegations of conflict of interest raised by ASIC and the ATO in relation to appointments to multiple entities within a corporate group. The allegations raised complicated issues surrounding conflicts of interest and duty and the application of the ARITA Code of Professional Practice
Advising a major franchisor in relation to the validity and enforcement of approximately 600 Personal Property Security Register registrations. The matter involved the consideration of complicated Personal Property Securities Act 2009 (Cth) issues and developing risk minimisation strategies;
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