Sarah Hendry Sarah Hendry

Sarah Hendry

Senior Associate Disputes & Insolvency | Canberra
02 6201 7211 shendry@mcw.com.au Download vCard

Sarah is an experienced litigator with a clear focus on delivering results for her clients. She is a strong advocate, having appeared for clients in a variety of contested disputes across a number of jurisdictions.

Sarah specialises in bankruptcy and insolvency litigation. Her experience includes representing clients in contested disputes to set aside bankruptcy notices and creditors petitions, disputes involving resulting and constructive trusts, the doctrine of exoneration, terminating winding-up orders, and recovering voidable transactions on behalf on insolvent companies.

... Sarah is a pragmatic lawyer who prides herself on her ability to provide solutions-based advice to clients.

Sarah's Qualifications

  • Bachelor of Laws (Honours), Australian National University
  • Bachelor of Arts, Australian National University
  • Graduate Diploma of Legal Practice, Australian National University

Sarah's Expertise

  • Corporate and commercial
  • Dispute resolution and litigation
  • Bankruptcy and insolvency

Sarah's Leadership

  • Member, Australian Capital Territory Law Society
  • Solicitor of the Supreme Court of NSW and High Court of Australia

Sarah's Recent Experience

Area of expertise

Area of Expertise

Insolvency

Work Undertaken

Sarah has acted for a liquidator in proceedings seeking the recovery of a number of unfair preference payments under section 588FA of the Corporations Act 2001. Sarah’s persistence resulted in key evidence being obtained about the defendant’s knowledge of the company’s insolvency, which proved fatal to the defendant’s case, as it could no longer rely upon the good faith defence. As a result, the liquidator was successful in recovering 100% its claim.

Area of expertise

Area of Expertise

Bankrupty

Work Undertaken

Sarah has acted for an owners corporation in bankruptcy proceedings commenced against a lot owner in the Federal Circuit Court of Australia. Sarah drafted the pleadings, evidence and submissions, appeared as advocate at numerous directions hearings, and was cross-examined by the lot owner at the final hearing. Judgement was delivered in favour of the owners corporation, with the Court noting that the owners corporation’s solicitor had ‘acted as a model litigator, and is to be commended for his approach to the litigation’ (The Owners – Strata Plan No 445 v Fernandez [2018] FCCA 2205 at [15])

Area of expertise

Area of Expertise

Insolvency

Work Undertaken

Sarah has acted for a liquidator in urgent proceedings commenced in the NSW Supreme Court seeking orders for a caveat lodged against a property to be withdrawn. Sarah’s role included drafting the summons and evidence in support, and appearing as instructing solicitor at the interim and final hearing. The liquidator’s application was successful and the caveat was withdrawn shortly after the hearing.

Area of expertise

Area of Expertise

Bankruptcy

Work Undertaken

Sarah has experience in general drafting of bankruptcy notices, creditors petitions (and associated documents), section 139ZQ Bankruptcy Act notices, deeds of settlement and release, deeds of sale of vesting interest, and sale and purchase deeds.