Carmen Boothman

Carmen specialises in corporate insolvency and restructuring, acting for insolvency practitioners, secured lenders and other stakeholders in relation to all forms of external administration and informal turnaround.

Carmen provides commercial and pragmatic advice on legal issues arising in the context of securities enforcement, trade-ons by external administrators and stakeholder management, having regarding to broader strategic and reputational concerns that arise in the present market.

During her time in a commercial role for a global EPC contractor on the ExxonMobil Longford Gas Conditioning Plant project in regional Victoria, Carmen developed a thorough understanding of construction risk mitigation methodologies, effective stakeholder management and the intersection of operational activities with broader commercial, HSE, QA/QC and client objectives.

She has appeared in all state courts and the Federal Court of Australia on litigious matters, including liquidator actions, banking litigation and general commercial litigation.

Carmen was the recipient of the International Women’s Insolvency & Restructuring Confederation WA Chapter (now RINWA) 2018 Rising Star award.

Experience

Carmen’s recent experience includes acting for:

  • The liquidator: Of an ASX listed miner in relation to a $40M insolvent trading claim;
  • A¬†foreign secured party:¬† In a successful application under section 293(1)(a) of the Personal Property Securities Act 2009 (Cth) (PPSA) for orders extending the time to register its Purchase Money Security Interest to ensure the priority of the secured party’s interest;
  • The voluntary administrators then liquidators: Of a major mining and civil construction contractor, including advice on complex PPSA issues, construction contract issues including enforceability of step in / take out rights and performance security, employee entitlements and voidable transactions;
  • Major banks: In relation to complex enforcements and management of distressed assets in various industries including building and construction, property development, pharmaceuticals, SMEs agribusiness and retail and acting for bank appointed receivers and managers; and
  • Construction and property developer clients: Providing front-end PPSA advice in relation to structuring contractual dealings to mitigate risks associated with counterparty insolvency and distress.

 

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