John Hill is a commercial and pragmatic lawyer who remains focused on the big picture when pursuing his clients' goals.
John is a Principal within the firm's Disputes and Insolvency team, with a reputation as one of Canberra's leading corporate insolvency and commercial litigation lawyers. He is one of Canberra's most experienced corporate and personal insolvency and commercial litigation lawyers. He advises insolvency practitioners, SME business owners, banks, non-bank lenders and the Commonwealth Government.
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Receivership and liquidation
John and his team acted for the Commonwealth in a number of separate proceedings brought against liquidators and receivers who had been appointed under circulating security interests. The proceedings involved the correct application of the priority scheme prescribed by the Corporations Act 2001, particularly as it related to the priority afforded to the Commonwealth in relation to certain employee entitlements. Each proceeding was commenced in either the Federal Court of Australia or the Supreme Court of the relevant State or Territory.
Each proceeding was settled by agreement prior to hearing. The Commonwealth achieved a distribution in each winding up or receivership that exceeded initial expectations.
John acted for the liquidator of a group of companies to recover funds diverted to associated parties and overseas. The proceedings, which were commenced in Australia and in foreign jurisdictions, involved alleged breaches of directors’ duties and the recovery of company property.
The proceedings have to date been successful and have allowed the liquidator to pay a substantial return to creditors.
John acted for a trustee in bankruptcy in relation to a claim made against real property that had vested in the bankrupt estate. If successful, the claim would have prevented the bankrupt’s creditors from receiving a dividend from the bankrupt estate. The resulting litigation required a consideration of constructive trusts, resulting trusts, the presumption of advancement, and relatively complex evidentiary issues.
The proceeding was resolved in the trustee’s favour. Consequently, there were sufficient funds in the bankrupt estate to pay a dividend to creditors.