Catherine Ballantyne Special Counsel

A versatile litigator and insolvency lawyer able to handle and adapt to any challenge following over 15 years of experience in the industry, Catherine is a sought after professional relied upon by her clients to obtain commercial results regardless of dispute type.

Client focused and a regular author and presenter, Catherine regularly advises on defamation, partnership, shareholder and contractual disputes, misleading and deceptive conduct claims, compulsory acquisition, PPSR, and reinstatement of companies.

In addition, Catherine is a talented insolvency lawyer who regularly advises both liquidators and individuals on all aspects of insolvency, including insolvent trading, phoenix activity, trusts, the Personal Property Securities Act, tracing claims, priorities and adjudicating on proofs of debt. Catherine is particularly for ability to advise clients on insolvency strategy under both the Bankruptcy Act and Corporations Act.

Catherine regularly advises across a broad range of industries including franchising, property disputes, and finance and professional services in relation to insolvency, dispute resolution and litigation.

She regularly works with Counsel and appears on behalf of clients in proceedings in all Victorian State and Federal Courts.

Key focus areas:

  • Commercial Litigation
    • Partnership and shareholder disputes
    • Contractual disputes
    • Defamation
    • Franchising disputes
    • Misleading and deceptive conduct claims
    • Banking and finance disputes, inc debt recovery
    • Property and planning disputes
  • Insolvency and reconstruction
    • Public examinations
    • Unfair preference claims
    • Uncommercial transaction claims
    • Insolvent trading claims, inc ASIC and ASFA notifications
    • Breach of directors duties
    • Director penalty notices
    • Bankruptcy advice (trustees, creditors and bankrupts).
    • Bankruptcy disputes, including petition and sale of assets.
    • Advising creditors, directors and shareholders in relation to the insolvency process including attending creditors meetings, proofs of debt, advising regarding potential liability and any potential claims
    • Personal reconstruction, including personal insolvency agreements
    • Company reconstruction, including deeds of company arrangement
    • Advising liquidators in relation to all aspects of liquidations including potential claims, the Personal Property and Securities Act and whether to admit proofs of debt.

Key matters:

  • Providing advice regarding submissions to Banking Royal Commission.
  • Successfully negotiating a settlement for an executive against a large multinational company.
  • Acting for a family defamed by a newspaper (in print and online) to obtain a successful settlement offer and public apology from the newspaper.
  • Acting for well-known companies in disputes with their franchisees and negotiating successful outcomes for the franchisors.
  • Successfully acting in a commercial arbitration regarding grain trade.
  • Acting for a defendant in a large misleading and deceptive conduct claim after a sale of business – winning the Court proceedings.
  • Acting in a number of significant partnership disputes and negotiating a successful outcome for the client in each case.
  • Advising and guiding various business people through personal insolvency and coming to very favourable arrangements with creditors.
  • Acting for liquidators in many public examinations of high profile company directors.
  • Strategically prosecuting and defending unfair preference claims.
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