Grant Whatley
Grant is a Partner who specialises in working with clients in insolvency, banking litigation and regulatory enforcement situations.
Grant regularly acts for financial institutions and insolvency practitioners in relation to financial exposures across many industries. He also regularly works with financial institutions, directors, board members and officers in financial regulatory enforcement matters.
Grant’s extensive experience in commercial disputes also makes him keenly aware of the challenges faced by clients in delivering their strategic priorities, irrespective of whether it is achieved through a consensual or disputed process.
Grant also has vast international and cross-border insolvency and dispute resolution experience covering the United Kingdom, Europe and the United States. In particular, Grant spent over 5 years at a pre-eminent international law firm based in London. While working in London, Grant was involved in all aspects of the HIH Schemes of Arrangement from an English perspective, as well as all stages of the HIH cross-border case that was ultimately determined by the House of Lords.
More recently Grant led our team that jointly assisted a leading Bank in relation to its response to the Royal Commission into misconduct in the Banking, Superannuation and Financial Services industry.
Grant has regularly been named in Best Lawyers™ Australia for Insolvency and Reorganisation Law and Doyles Insolvency Guide.
Experience
Grant’s recent experience includes advising:
- McWilliam’s Wines Group Limited (Administrators Appointed): acting for the administrators of McWilliam’s Wines Group Limited and Mount Pleasant Wines Pty Ltd in relation to all aspects of the administration of the group;
- Force Corp Pty Ltd (in Liquidation): acting for the liquidators of Force Corp Pty Ltd (in Liquidation). In particular, in relation to the liquidators’ claim against the directors in relation to their substantial insolvent trading proceeding, many creditors who received payments as preference transactions, and the application for directions concerning the priority of payments to be applied in the liquidation;
- P&J Management Pty Ltd (Receivers and Managers Appointed) (in Liquidation) and Atlas Pty Ltd (Receives and Managers Appointed) (in Liquidation): acting for the secured creditor as well as the Receivers and Managers in relation to a significant exposure in relation to the collapse of the abovementioned entities that involve in excess of 4,000 vehicles. At least 3 other car financiers have appointed Receivers and Managers to these entities. The matter continues.
- Keystone Group of Companies: a particular landlord as well as another creditor in contested scenarios in relation to the Keystone group of companies (bars and restaurants). Each engagement involved, among other things, significant negotiations with each of the Administrators and Receivers and Managers in order to reach a workable solution for all parties;
- Channel 10 Group of Companies: a creditor in relation to its exposure to the Channel 10 Group of Companies concerning both the administration and the deed of company arrangement;
- LM Investments: both the secured creditor and the receiver and manager of LM Investment Management Limited as responsible entities of both the LM Currency Protected Australian Income Fund and the LM Institutional Currency Protected Australian Income Fund in relation to the substantial claim made by the Court Appointed Receiver of LM Investment Management Limited as responsible entity of the LM First Mortgage Income Fund;
- Hastie Group of Companies: a group of construction companies in relation to the claim brought by the liquidators concerning, among other things, the principles of insolvency set-off;
- Creditors and shareholders: a significant group of creditors and shareholders in relation to their exposure to the administration of the CMA Group of Companies (which resulted in deeds of company arrangement being entered into);
- Animal Supplies Group: for the administrators (then liquidators) in relation to all aspects of the Animal Supplies Group. The Animal Supplies Group was the largest distributor of pet food, accessories, supplements and equine products in Australia;
- Banking Royal Commission: Grant recently led our team that jointly assisted a leading Bank in relation to its response to the Banking Royal Commission;
- Financial Services Regulatory Matters: acting for numerous directors and officers in relation to various financial services regulatory investigations; and
- Previously Grant has advised the receivers and managers of the ABC childcare group concerning its operations and litigation in the United States, the Judicial Manager (and subsequent liquidator) of the first general insurance company to be placed into judicial management and the liquidators of Saad Investment Company Limited in relation to its recognition in Australia.