Gavin Rakoczy

Gavin's practice spans the full spectrum of R&I, encompassing both front-end and back-end advice, including assisting distressed companies via informal (solvent) and formal (insolvent) restructuring, providing structuring advice to banks and special situation funds looking to provide capital to distressed and insolvent companies, advising lenders and funds with existing exposure to distressed situations, advice to insolvency practitioners (both pre and post appointment), and conduct of R&I-related and general commercial legal proceedings.

Gavin also has significant experience representing clients in litigious matters and formal court proceedings, having acted on a variety of commercial disputes (from very large complex mandates, through to smaller matters), with particular expertise in disputes involving contract interpretation, insolvency recovery and voidable claims, directors' duties issues, trust issues, Corporations Act matters, and misleading and deceptive conduct claims.

• Co-lead role advising the lessors of ~100 aircraft to the Virgin Group (owed ~AUD 3.5 billion) concerning the implications of the collapse of Virgin and subsequent recapitalisation efforts and a range of associated complex legal and strategic issues.*

• Co-lead role in the negotiation of market-moving innovative DOCAs in the Arrium administration, which was one of Australia’s largest distressed debt situations (a global corporate group with +8,000 employees and +AUD 3.5 billion in debt) and was recognised with the “Insolvency & Restructuring Deal of the Year” at the 2017 Australian Law Awards.*

• Advised the Paladin board concerning insolvent trading risk, followed by a co-lead role in the implementation of a multi-jurisdictional whole of group restructure involving a USD 700 million debt for equity swap and USD 115 million bonds issuance and subsequent court approved section 444GA share transfer via a DOCA. The restructure was awarded “2018 Restructuring Deal of the Year” by the Turnaround Management Association.*

• Co-lead in proceedings in the Supreme Court of NSW by three lenders seeking +AUD 100 million in damages from certain directors & officers of the Arrium Group, involving allegations of misleading and deceptive conduct arising from representations and warranties as to solvency and the absence of an MAE in drawdown notices.*

• Advised the administrators of the RCR Group concerning a variety of complex legal issues and facilitated the resolution (without litigation) of a number of commercial disputes arising from the collapse of the group in late 2018 with over 4,000 employees, 100 leased properties and debts of +AUD 650 million.*

*Experience prior to joining Baker McKenzie.

• Listed as a Next Generation Partner in Restructuring and Insolvency, The Legal 500 Australia

• Turnaround Management Association - Member