Scott Atkins

Global Head of Restructuring Norton Rose Fulbright Australia

Sydney +61 2 9330 8015

Scott Atkins

Scott Atkins is the Global Head of Restructuring, and Head of the Australian Risk Advisory practice. He is the immediate past Global Chair and Australian Chair.
In recognition of his contribution to the development of restructuring and insolvency systems globally, and his standing in the market, Scott was inducted as a Fellow of the American College of Bankruptcy in 2025 and subsequently, appointed as Honorary Professor of the University of Sydney School of Law.

Scott is the Immediate Past President and Fellow of INSOL International (2021-2024), and a Life Member and Fellow of the Australian Restructuring Insolvency and Turnaround Association. He served as ARITA’s President from 2019 to 2021. He is an active member of both the International Insolvency Institute and The World Bank’s Insolvency and Creditor / Debtor Initiative.

Scott is Australia’s Delegate on appointment by the Attorney-General to the United Nations Commission on International Trade Law’s Working Group V (Insolvency). Currently, Scott is leading a successful proposal from the Australian delegation on the preparation of a revised Guide to Enactment for the UNCITRAL Model Law on Cross-Border Insolvency.

Recognised as an Eminent Practitioner in restructuring and insolvency by Chambers & Partners, Scott has deep industry knowledge and experience, developed over three decades in practice.

Scott acts on leading cross-border restructuring and insolvency mandates, debt restructuring, insolvency, bank resolution, special situations and distressed investment matters both in Australia and abroad. Scott has an extensive cross-border insolvency practice and has been involved in precedent-setting recognition and relief matters which have shaped the interpretation and application of the Model Law on Cross-Border Insolvency, and the development of cross-border judicial communication and coordination protocols.

Scott has also made an enduring contribution to global insolvency reform, having led several major reconstruction and capacity building initiatives in emerging markets, including Myanmar, Armenia, Bhutan, Tajikistan, Kyrgyzstan, Brunei, Nauru and Indonesia. In these countries, Scott has helped to design and implement new insolvency laws and frameworks and devised institutional measures that have seen the introduction of more flexible restructuring alternatives, improvements in the efficiency of liquidation processes and greater uptake of insolvency mediation and out-of-court workouts.

Scott’s work in Myanmar led to the passage of the country’s first ever Insolvency Law in 2020, which included a simplified insolvency process for micro and small enterprises. This has since served as a best-practice comparator internationally and has shaped similar insolvency laws in other countries.
Scott serves on the International Advisory Council of the Singapore Global Restructuring Initiative and is an Advisory Board Member of the Asia Society in Australia.

Scott established the firm's dedicated Risk Advisory practice in 2018, the first of its kind among Australian law firms. Its pioneering approach and market impact have since been the focus of a Harvard Law School case study.

Under Scott’s leadership, the practice brings together a multidisciplinary team that advises on complex and emerging risk issues across anti-money laundering and financial crime, climate and environmental risk, cybersecurity, data privacy and protection, governance standards, regulatory investigations and crisis management.

Scott is a widely published author, and is also a sought-after speaker for conferences, seminars, keynote addresses and industry events both in Australia and internationally.

Professional experience

Auszeichnungen

Chambers Guide 2020 and 2019 – Eminent Practitioner – Restructuring and Insolvency
Nominated as inaugural Insolvency Partner of the Year 2016 by Lawyers Weekly
Awarded Fellow, INSOL International in 2009
International Insolvency Institute Member (invitation only, conferred 2016)
Awarded the 2015 ARITA President's Award for outstanding contribution to the professional development of ARITA
Listed as a leading lawyer in Chambers Asia-Pacific 2016, 2015, 2014 and 2013
Listed as a Leading Lawyer in IFLR 1000 2016, 2015, 2014, 2013 and 2012
Listed by Best Lawyers for Restructuring and Insolvency 2016, 2015, 2014, 2013
Recognised as a Recommended Lawyer in Restructuring and Insolvency in The Legal 500 Asia Pacific 2016, 2015, 2014 and 2013
Listed as one of the world's leading Insolvency & Restructuring Lawyers in Who's Who Legal: Insolvency & Restructuring 2014
Ranked as a Pre-eminent Lawyer in insolvency in the Doyles Guide to The Australian Legal Profession 2015
Listed as an expert in Insolvency and Reorganisation Law in Best Lawyers 2016, 2015, 2014, 2013, 2012, 2011
"An emerging leader of the profession who stands out in the cross-border insolvency space." Chambers Asia-Pacific, 2014

Ausbildung

Harvard University - Leadership of Professional Firms (2012)
Fellow of INSOL International (2009)
LLM, University of Sydney (1996)
BEc LLB, Macquarie University (1993)

Zulassungen

Federal Court of Australia 1999
High Court of Australia 1999
Supreme Court of New South Wales 1994

Publikationen

Books

Author of the Australian jurisdiction chapter in B. Wessels & R.J. de Weijs (eds), International Contributions to the Reform of Chapter 11 of the US Bankruptcy Code, European and International Insolvency Law Studies (2015) Eleven International Publishing, The Netherlands
Author of the Australian jurisdiction chapter in F.D. Yates (ed), Avoidance of Antecedent Transactions and Cross-Border Insolvency (2014) INSOL International, London, UK
Author of the Myanmar jurisdiction chapter in Corporate Restructuring and Insolvency in Asia 2020, April 2020, Asian Business Law Institute and International Insolvency Institute
L.C. Ho (ed) A Commentary on the UNCITRAL Model Law: Cross-Border Insolvency Cases and Materials (Australian Chapter) (2017) Globe Law and Business, London
S. Atkins "Cross-border insolvency protocols: co-operation and co-ordination" in K.E. Lindgren (ed) International Commercial Litigation and Dispute Resolution (2009) Commercial Law Association of Australia in conjunction with the Ross Parsons Centre, University of Sydney

Articles

S. Atkins and K. Luck "How Australian courts are advancing corporate and business rescue during COVID-19 and the agenda for enduring law reform" International Corporate Rescue (2020) vol 17(4) 249
S. Atkins and K. Luck "Corporate and business rescue in a COVID-19 world" ARITA Journal, June 2020
S. Atkins & N. McCoy "First appellate decision in Australia on UNCITRAL Model Law on Cross-Border Insolvency: a warning to foreign investors and liquidators" International Corporate Rescue (2014) vol 11(5) 306
S. Atkins "INSOL Hong Kong - 2014" Australian Insolvency Journal (2014) vol 26(2) 41
S. Atkins, R. Mason & S. Maiden, "The emerging framework of cross-border insolvency in and around Australia: Saad Investments, Japan Airlines and Lehman Brothers - part 1" International Corporate Rescue (2011) vol 8(4) 262
S. Atkins, R. Mason & S. Maiden, "The emerging framework of cross-border insolvency in and around Australia: Saad Investments, Japan Airlines and Lehman Brothers - part 2" International Corporate Rescue (2011) vol 8(5) 329
S. Atkins "McGrath v Riddell: attrition in the battle between universalism and territorialism and the ongoing harmonisation of international insolvency law" International Corporate Rescue (2009) vol 6(3) 141
S. Atkins "Public policy: the law's guardian in the clash between insolvency and maintenance in the context of litigation funding arrangements" Insolvency Law Journal (2004) vol 12(1) 41
S. Atkins "The jurisprudence arising from judicial review of schemes of arrangement" Insolvency Law Journal (2003) vol 11(1) 18
Consultation group expert for Guide on the Treatment of Insolvent Micro and Small Enterprises in Asia, May 2022, Asian Business Law Institute and International Insolvency Institute

Referententätigkeit

10 May 2019 - United Nations Commission on Commercial Law, Canberra 'Law Reform: Processes and Approach to the Reform of Law in Emerging Economies – A Case Study on Myanmar'
April 2019 - INSOL International Annual Conference, Singapore. Plenary address 'Taskforce 2021 and the Strategic Future of INSOL International – Launch of Taskforce 2025'
May 2018 - INSOL International Annual Conference, New York. Plenary address 'Taskforce 2021 and the Strategic Future of INSOL International'
March 2017 - INSOL International Quadrennial Conference, Sydney. Plenary address 'Launch of Taskforce 2021 and the Strategic Future of INSOL International'
24 January 2016 - INSOL International Annual Regional Conference, Dubai UAE. Plenary address 'Taskforce 2021 and the Strategic Future of INSOL International'
28 May 2015 - ARITA Annual National Conference, Perth Australia. 'ARITA's Place in the Insolvency World' - a panel discussion comprising INSOL President Mark Robinson, ARITA President Mike McCann, ARITA Technical Director Kim Arnold, moderated by Scott Atkins
7 May 2015 - RITANZ 14th Annual Corporate Insolvency and Restructuring Conference, Auckland New Zealand. 'Legal Update from Across the Tasman' - an update of topical cross-border and Australian insolvency cases and developments relevant to New Zealand, moderated by Justice Paul Heath
22 March 2015 - INSOL International Annual Regional Conference, San Francisco USA. Paper presented: 'The UNCITRAL Model Law on Cross-Border Insolvency in Action - Sad about Saad'
16 October 2014 - American College of Investment Counsel Annual Conference, New York. A discussion of bankruptcy issues, trends and developments in the U.S. and Australia with the Hon. Cecelia G. Morris, Chief Bankruptcy Judge, Southern District of New York and Scott Atkins of HDY, moderated by Michael Reilly (then of) Bingham McCutchen LLP
21 May 2012 - INSOL International Annual Regional Conference, Miami, Florida, USA. A panel discussion moderated by Robert Hertzberg on the topic of "New and Emerging Legal Issues: current issues and new cases from across the globe"

Mitgliedschaften und Aktivitäten

Australia

President, ARITA, May 2019 – current
Board Member, ARITA, 2010 – current
Australian Securities and Investments Commission Liaison Group 2011 – current

International

Vice-President, INSOL International, April 2019 – current
Board Member, INSOL International, 2014 – current
Chair of INSOL International 2021 & 2025 Strategic TaskForce 2014 – current
International Insolvency Institute (invitation only) Member 2016 – current
INSOL International Global Insolvency Practice Course Core Committee 2015 – current
Inaugural Chair of INSOL International Fellows Committee 2009 – 2015
Editorial Board Member, International Corporate Rescue 2011 – current
Editorial Board Member, 'Global INSOLvency', ABI & INSOL International 2010 – 2015
Editorial Board Member, INSOL's Technical Newsletter 2012 – 2015
Chair, Marketing & Sponsorship, INSOL Main Organising Committee – Hong Kong 2014

Lecturing

INSOL International Global Insolvency Practice Course - Lecturer on "Co-Operation and Co- Ordination in Practice" with R. Pedone & T. Graulich, 22 January 2016, Dubai
Visiting lecturer on cross-border insolvency at University of Sydney in its undergraduate and postgraduate law programs lead by Professor John Stumbles - 2012 - ongoing
Australian Restructuring Insolvency Turnaround Association, Insolvency Education Program Course Leader 2009 - 2014