Dr Garry J. Hamilton

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Senior Legal Consultant
P: +61 7 322 99 800
​M: +61 410 406 941
g.hamilton@taylor-david.com

Arguably Australia’s most experienced and revered reconstruction and insolvency lawyer, Dr Garry Hamilton has been involved in many of the largest insolvencies in the country within the past 20 years.
 
Until recently, Dr Hamilton was the only practising lawyer in the country also registered as an official liquidator by the Australian Securities and Investments Commission. Dr Hamilton was able to achieve those registrations as he is a qualified chartered accountant, having previously worked in the insolvency and reconstruction area of a Brisbane based Chartered Accountancy firm, specialising in insolvency and reconstruction.
 
A Partner for over 20 years at one of the largest firms in Australasia, Dr Hamilton is internationally renowned and recognised as a leading individual in insolvency and reconstruction law.
 
Dr Hamilton is the author of the text Invalidation of Securities upon Insolvency in addition to some 50 published articles on restructuring and insolvency, many of which were the subject of presentations at national and international conferences.

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Experience
​Notable matters:

• Advising the Australian, Hong Kong and Fijian Governments in review/drafting of their respective corporate reconstruction legislation.
• Acted successfully for the liquidator in the insolvent trading case, Williams as liquidator of Scholz Motors Pty Ltd (In liq) v Scholz and Ors, an important, reported Qld Court of Appeal decision dealing with a range of issues including the relevance to the insolvency element of third party funding, the test for insolvency and the question of the timing of the assessment by the court of the preferential effect.
• Acted recently for some 20 Indigenous organisations throughout Australia in assisting them to deal with, and ultimately reject as financially unsuitable, the Commonwealth Government’s failed RJCP (Remote Jobs Community Programme).
• Acted recently for FEG (Department of Employment) under the new scheme designed at recouping some of the billions of dollars advanced by the Government to cover employee entitlements when companies become insolvent.

Memberships       

• Fellow, Institute of Chartered Accountants in Australia (member since 1981)
• Fellow, Certified Practising Accountants (member since 1993)
• Fellow, Institute of Corporate Managers, Secretaries and Administrators [Board Member 1987-1992] (member since 1989) 
• Fellow, Governance Institute of Australia (member since 1989)
• Australian Restructuring Insolvency & Turnaround Association (formerly the Insolvency Practitioners Association of Australia) (member since 1989) 
• Law Council of Australia (member of Queensland Insolvency Committee 1993-2016
• CPA's Centre of Excellence for Insolvency and Reconstruction (member since 1993)
• INSOL International (member since 1994)
• ​Queensland Law Society (member since 1983)
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Awards

• Recommended, Insolvency and Reconstruction - Doyles Guide: 2016
• Leading Individual, Insolvency and Reconstruction - Chambers Asia Pacific: 2008, 2009, 2010, 2011, 2012, 2013, 2014
• Leading Individual, Insolvency and Reconstruction - Chambers Global: 2008, 2009, 2010, 2011, 2012
• Recommended, Insolvency and Reorganisation - Best Lawyers: 2014, 2015, 2016, 2017
• Garry Hamilton specialises in corporate financial reconstruction and commercial litigation as well as corporate and personal insolvency. He acted for Loud Technologies in relation to various complex and cross-border issues that arose as a result of the receivership of Australian Music Group Holdings - Chambers Asia Pacific 2014
• Garry Hamilton was part of the team advising ANZ in its capacity as a secured creditor, in relation to the collapse of the Strategic Aviation Group, which went into voluntary administration in February 2012 - Chambers Asia Pacific 2013
• Garry Hamilton impresses with his technical knowledge and 'value-added pragmatic advice'. Garry Hamilton provides 'robust, relevant and timely advice' and is hailed by clients as 'an excellent technical insolvency lawyer' - Chambers Global 2008, 2010
• Garry Hamilton provides ‘detailed advice on difficult matters’ - Legal 500 Asia Pacific: 2009/10

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​Other Activities

• Advisory Board of the QUT Law & Justice Journal (member since 2001)
  
• Insolvency Law Advisory Group (established December 2006 by the Parliamentary Secretary to the Treasurer, the Hon Chris Pearce MP, to provide technical advice on the accuracy and appropriateness of draft legislation to implement a package of Australian corporate insolvency reforms) (member 2005 -2007)
  
• Designed and conducted the corporate insolvency subject in the Masters of Laws course, University of Queensland upon the departure of Professor O'Donovan; revised course material and taught LAWS7800 (Corporate Insolvency) at Masters of Law level.
  
• Editor of the Insolvency Law Bulletin (2012 – ongoing)
  
• Author if the Australian Chapter of Colliers International Business Insolvency Guide
  
• Author of the Companies section of Court Forms and Precedents in Queensland.