Areas of Expertise

Restructuring & Insolvency, Litigation & Dispute Resolution, Banking & Finance

Scott Guthrie draws on his more than 25 years of expertise to advise clients in the finance, insolvency and property industries.

A significant part of Scott's practice involves acting for various stakeholders in the unsecured and secured insolvency market. Scott regularly advises and acts for receivers, liquidators, administrators and bankruptcy trustees in identifying, preserving and recovering assets for secured and unsecured creditors. He also represents directors and company officers, particularly in response to investigations and enforcement action by ASIC and other corporate regulators.

Scott also has a particular expertise in property litigation and associated disputes, including joint venture disputes, shareholder disputes, claims against directors for alleged breach of statutory and fiduciary duties, contractual disputes, priority disputes and fraud claims on the Queensland Government's Fidelity Fund.

Scott is currently a National Board Member and the Chairperson, Queensland of the Turnaround Management Association of Australia and the Deputy-Chair, Insolvency & Restructuring Committee (Qld), Law Council of Australia.

What others say

"Leading Lawyer – Queensland Insolvency and Restructuring"
Doyle’s Guide 2021 - 2023
"Leading Lawyer – Queensland, Commercial Litigation & Dispute Resolution"
Doyle’s Guide 2023
"Leading Lawyer – Australia, Alternative Dispute Resolution; Insolvency and Reorganisation Law; Litigation"
Best Lawyers’ Peer Review 2019-2025
"Recommended, Restructuring and Insolvency"
Legal 500 Asia Pacific 2024

Experience

Corporate collapse

Acting for the liquidators of a high-profile corporate collapse and associated proceedings to recover unfair preferences, obtain court approval for litigation funding and act in contested proceedings concerning proofs of debt and the application of rights of set-off under the Corporations Act (2001) (Cth).

Civil penalty proceedings

Acting for the former CFO of a listed public company in civil penalty proceedings by ASIC, as well as proceedings by the company liquidators in relation to alleged uncommercial transactions involving an overseas secured creditor.

Priority disputes with PPSA creditors

Acting for the liquidators of a listed entity in relation to priority disputes with PPSA creditors, providing advice as to vesting of interests under the PPSA, undertaking public examinations and acting in relation to a variety of proceedings, including uncommercial transaction proceedings and breach of director's duties claims.

Health technology provider

Acting for the administrators of a listed health technology provider, including navigating a capital raising and assisting the administrators to limit their personal exposure for liability during a lengthy administration period.

Transport industry

Providing non-formal turnaround and restructuring advice to a listed entity in the transport industry with operations across Australia, including the provision of safe harbour advice to the Board and advice concerning the structuring of certain transactions; as well as the formal appointment of external administrators to certain subsidiary companies.

Defaulting debtors

Identifying and securing assets of defaulting debtors, including obtaining freezing orders, Anton Piller orders, obtaining other injunctions, maintaining caveats and compelling disclosure of money and other assets.