Simone Farrugia

Simone is a Special Counsel in Melbourne’s Litigation Group with a focus on insolvency, corporate advisory and commercial and insolvency litigation. Her clients include listed and private companies, liquidators, administrators, banks and non-bank lenders, construction companies and SMEs.

Simone regularly acts for insolvency practitioners, companies and directors and advises them generally in respect of liquidations and administrations. Simone regularly advises insolvency practitioners on various aspects of the Personal Property Securities Act including vesting and priority issues and recovers voidable transactions. Simone regularly assists directors and insolvency practitioners with the preparation and negotiation of Deed of Company Arrangements.

Simone has experience in most civil jurisdictions in Australia and often acts for clients seeking urgent relief from the Court whether it be in the form of freezing orders or other injunctive relief. Simone has expertise in commercial litigation broadly and more specifically in relation to misleading and deceptive conduct claims and breach of contract claims.

Experience

Simone’s experience includes advising:

  • A warehouse service provider in relation to storage lien and contractual issues involving the recent administrations of Virgin Australia and G-Star Australia;
  • A liquidator in relation to the alleged misappropriation of $19M of government funding by a not-for-profit charity placed into liquidation;
  • A major retail lessor in respect of the recent administration of the Oroton Group;
  • Insolvency practitioners in relation to Deeds of Company Arrangement and Creditors’ Trust Deeds and obtaining associated court approval (where necessary); and
  • Lessors, developers, sub contractors and trade suppliers in respect of the external administration process, including attending meeting of creditors, lodgement of proof of debts and proxies, return of bank guarantees/retentions and rights under contracts.

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