Germaine Kee

Germaine specialises in complex commercial disputes, debt recovery and the enforcement of securities, corporate insolvency and turnaround (including managed investment schemes), and regulatory compliance and investigations.

Germaine assists Australia’s leading banks, insolvency and turnaround specialists, and corporations and high net worth individuals in various industries.

Germaine’s regulatory compliance expertise was gained during her previous role as a lawyer in the Enforcement Directorate of ASIC.

Experience

Germaine’s recent experience includes:

  • Bank of Queensland: Acted for BOQ in successful Queensland Courts and High Court of Australia disputes with the State of Queensland regarding an alleged, and inadvertent, breach of a restraining order made under the State’s criminal proceeds confiscation legislation. BOQ, represented by HWL Ebsworth, was successful in every court proceeding;
  • The Shandong Tianye Group: Acted for a listed group of companies in the People’s Republic of China, in a multifaceted joint venture dispute in the Supreme Court of NSW involving the acquisition of a controlling interest in a non-trading ASX-listed company, the recapitalisation of that company, the re-quotation of the company’s shares on the ASX, and the acquisition by the company of mining assets in China. Legal issues which arose in the proceeding included the constitution of trusts, breaches of fiduciary duties, third parties’ knowing involvement in breaches of trust, apportionability of claims, breaches of contract, waiver, the remedy of equitable compensation, conflicts of duty, when an accounting of expenditure ought be ordered, and when leave ought be given to proceed against a company in administration. The Shandong Tianye Group was completely victorious after an 8-day trial;
  • Westpac and ANZ: Advises Westpac and ANZ on the recovery of debt and the enforcement of securities, including appointing receivers and managers, exercising mortgagees’ powers of sale, Financial Ombudsman Service disputes, applications to court for vacant possession, winding-up applications and creditors’ petitions for bankruptcy; and
  • FTI Consulting, Deloitte Touche Tohmatsu, Pilot Partners, PPB Advisory, Bentleys Corporate Recovery, and Insolvency and Turnaround Solutions: Advising on various aspects of external administration including priorities of competing personal property securities, adjudication of proofs of debt, assessing deed of company arrangement proposals, applications for approval of remuneration, applications for directions of the court, advice on prospects of voidable transaction and insolvent trading claims, and applications for public examination summonses and the conduct of those examinations.

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