Scott D. Taylor

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Partner
P: +61 7 322 99 800
s.taylor@taylor-david.com

Scott is the founding Partner of Taylor David Lawyers with over 15 years’ experience in reconstruction and insolvency law.

He acts for leading Australian insolvency practitioners, Government departments, distressed corporates; directors; other law firms and accounting firms. Scott is regularly engaged to provide advice to minimise insolvency risks and assist with the reconstruction of financially distressed businesses.

Scott sits on the London based expert review panel for The Law Reviews and is the author of the Australian chapter of the annual International Insolvency Review.

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Experience
Notable matters:

• Acting for Mr Nathan Tinkler throughout his bankruptcy to successfully negotiate with creditors, annulling the $500m+ bankruptcy for $1.2m.
• Successfully setting aside the decision of Mr Nathan Tinkler's bankruptcy trustee, permitting Mr Tinkler to travel in ​​Tinkler v Melluish (Trustee); in the matter of Tinkler (Bankrupt) ​[2017] FCA 52.
• Leading negotiations for an Australian based debtor with a New York Investment Bank for a US$220m debt equity swap.​
• Successfully annulling the largest bankruptcy in Australian history with $2.12billion of creditor claims.
  
• Facilitating negotiations to mitigate construction and operational losses for a US$330m silver mine in Central America after the collapse of a global mining machinery manufacturer involving cross border issues between Europe; North and
  Central America; South East Asia; and Australia.
• Successfully negotiating a debt swap and reduction with a syndicated lending group for in excess of US$350m.
• Successfully pursuing pre-insolvency advisors on behalf of liquidators for aiding and abetting director breaches (largely around phoenix activity) under section 79 of the Corporations Act 2001 (Cth).
• Successfully recovering unfair preference payments in the matter of Morton & Anor v Rexel Electrical Supplies Pty Ltd [2015] QDC 49; thereafter successfully opposing the Appeal with costs in the matter of Rexel Electrical Supplies Pty Ltd v Morton [2015] QCA 235; thereafter successfully obtaining indemnity costs of the entire action in the matter of Morton & Anor v Rexel Electrical Supplies Pty Ltd (No 2) [2016] QDC 6.
• Conducting the public examination of several members of an India based billionaire family on behalf of liquidators.

• Acting for stakeholders in the Golden Heritage Golf Pty Ltd insolvency administration - owners of the Yarra Valley Lodge and Golden Heritage Golf Courses.

• Advising the liquidators of a mining company on the recovery of several million Euro from entities operating throughout Finland and Canada.
• Advising Australian based liquidators on the realisation of a tin mine located in Uganda.
• Advising the board of an ASX listed mining company regarding personal exposure for insolvent trading.
• Advising the Administrators of Allied Brands Limited (Baskin Robbins) regarding the establishment of a creditors trust for re-listing on the ASX.

Other Activities

• Board Member: Children's Hospital Foundation Queensland.
• Author: Scott D. Taylor (2016) Restructuring and Insolvency in Australia: Overview. Restructuring and Insolvency Global Guide [Online].  Thomson Reuters, London.
• Speaker at the Hedgeye Risk Management Wall Street Thought Leaders Round Table, New York: International Mining Bankruptcy Law. 2016.
• Author: Taylor, S. D., (2015). Australia. In: Bernstein, D.  The International Insolvency Review. 3rd ed. London: Law Business Research. 17-31.
• Speaker at QLD IPA Insolvency Forum, Brisbane: Pre-Packaged Insolvency Arrangements’ 2013
• Chairman of the 12th Annual Insolvency Practice Symposium. 2012.
• Mediator and Chair for the Marine Industry In Crisis forum at the Brisbane Convention Centre. 2011.

Memberships

• Queensland Law Society
  
• American Bar Association
  
• Australian Restructuring Insolvency & Turnaround Association (ARITA) (formerly the Insolvency Practitioners Association of Australia)
• International Association of Restructuring, Insolvency & Bankruptcy Professionals (INSOL)
• Turnaround Management Association
• Australian Institute of Company Directors