Norton Rose Fulbright Australia
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Lee Pascoe is a commercial dispute resolution and restructuring/insolvency lawyer based in Melbourne. She has extensive experience in private legal practice as well as advocacy experience from her period as a barrister at the Victorian Bar.
Lee has acted on many aspects of the collapse of some of Australia's largest corporations including undertaking the necessary litigation arising from those appointments in industries as diverse as retail, construction, commercial and residential property development, agribusiness, finance and transport, travel and tourism. She has also acted for many of Australia's first-tier lenders in secured and unsecured debt recoveries.
Her insolvency experience extends to corporate insolvency, cross border insolvency and security enforcement while her litigation experience includes all insolvency related applications and litigation (insolvent trading, preference claims and directors' duties claims), Corporations Act claims, Competition and Consumer Law claims, breach of contract claims and shareholder disputes.
Lee has particular skill in managing complex multi party disputes with "many moving parts" and involving numerous stakeholders. She has most recently played a significant role in issuing and managing the running of some 1300 simultaneous proceedings on behalf of the liquidators of Timbercorp Finance Pty Ltd and has acted for the liquidators of large agricultural managed investment schemes, such as Environinvest Limited, in defending first instance representatives proceeding and any subsequent appeals.
She has also acted for various corporate clients and insolvency professionals in relation to the recovery of unsecured debts and the enforcement of judgments in Europe, the United States of America and Asia.
- Bachelor of Laws (Hons), Deakin University, 1999
- ARITA Insolvency Education Program, QUT, 2008
- Certificate of European Union Law, Tulane University, 2010
- Master of Laws (International and Comparative Law), Monash University, 2011
- INSOL International, Global Insolvency Practice Program, 2011
- High Court of Australia 2000
- Supreme Court of Victoria 2000
- Timbercorp Finance Ltd (In Liq) - acting on behalf of the liquidators of Timbercorp Finance Limited, KordaMentha, in managing the prosecution of approximately 1300 simultaneous proceedings seeking recovery of AU$550 million loan book from investors of a failed managed investment scheme and defending various counterclaims raising issues of Australian Consumer Law misleading and deceptive conduct, breach of contract, breach of trust and breaches of the Corporations Act 2001 (Cth) and ASIC Act 2001 (Cth).
- Scotchmans Hill Group - acting on behalf of the liquidators, Ferrier Hodgson, in various aspects of the winding up of the Scotchmans Hill group of companies including prosecuting numerous complicated preference claims and advising on claims associated with priority of securities, breaches of directors' duties and breaches of duty owed by third parties.
- Environinvest Group and Timbercorp Group - acting for the relevant insolvency professionals in various proceedings and applications in relation to the winding up and distribution of assets of agricultural managed investment schemes including defending claims of misleading and deceptive conduct, breaches of contract, breaches of trust, Corporations Act 2001 (Cth) claims and validity of securities claims.
- Westgem Investments Pty Ltd (RM appt)(In Liq) - acting on behalf of the receivers and managers, KordaMentha, with respect to the receivership of a special purpose vehicle established to construct a commercial centre known as 'Raine Square' in the Perth CBD including acting in litigation associated with breaches of director's duties and Corporations Act 2001 (Cth) claims made by the liquidator.
- Primebroker Securities Limited (RM Appt)(In Liq) - acting for agents of the ANZ Bank, PPB advisory, in defending the realisation of real property in a AU$350 million damages claim in a multi-party proceeding alleging misleading and deceptive conduct, wrongful appointment of insolvency professionals and invalidity of securities.
- Opes Prime Securities Limited (In Liq) - acting for the receivers and managers, Deloitte, in various pieces of litigation relating to the collapse of an Australian securities lending and stock broking firm with secured debts in excess of AU$1 billion including defending claims by creditors against funds in the insolvent estate.
- Sonray Capital Markets Limited (In Liq) - acting for the liquidators, Ferrier Hodgson, in various claims and applications, pursuant to the Corporations Act 2001 (Cth), against the directors and auditors of a securities provider/derivatives trader with respect to a AU$46 million deficit in client accounts.
- Silverwater Resorts - acting for the receivers and managers, KordaMentha, of an accomodation resort in defending various Supreme Court proceedings in relation to the development of a resort in Victoria with off the plan sales that were not completed including resolving 100 plus contractual claims and initiated proceedings in relation to unfinished or defective works.
- City Pacific Limited (RM Appt)(In Liq) - acting on behalf of the receivers and managers, PPB Advisory, of a residential property developer in various Supreme Court proceedings for contractual claims initiated by purchasers in relation to unfinished or defective works at the residential developments in Victoria and Queensland.
- Air New Zealand Limited and Jetset Tours Pty Ltd - acting on behalf of Air New Zealand Limited and Jetset Tours Pty Ltd against the former directors of Jetset Tours Pty Ltd in proceedings alleging breaches of director's duties, fraud and misleading and deceptive conduct in relation to airline commissions.
- International Cricket Council - acting as counsel assisting the ICC in the Pakistan Cricket Board match fixing inquiry relating to allegations of match fixing involving high profile Australian cricketers.
- Fellow INSOL International
- "Bankruptcy, recognition proceedings and recoveries in a cryptocurrency world," Insolvency and Restructuring International, Vol 12 No 1, March 2018
- "Fintech, blockchain, cryptocurrency, cloud: something new under the sun?" INSOL World - Third Quarter 2018
- "Identifying & Dealing with Cryptocurrency Assets in Corporate Insolvency," Australian Restructuring Insolvency & Turnaround Association Journal, September 2018
- "Cryptocurrency, litigation and the 'hard fork' remedy," International Bar Association Legal Practice Division, International LItigation Newsletter, October 2018
- "Cryptocurrency and insolvency: 2018 the year in review," International Restructuring Newswire, Winter Edn, January 2019
- "Digital currency exchanges, ICOs and insolvency: the story so far," Insolvency and Restructuring International, Vol 13 No 1, April 2019
- "The brave new world of blockchain, cyber currencies and smart contracts and their impact on insolvency law" - 24th Annual IBA Global Insolvency and Restructuring Conference, May 2018, Amsterdam (Panelist)
- "Impact of Insolvency on Cryptocurrency, Smart Contracts and Initial Coin Offerings" - 14th International Insolvency & Restructuring Symposium, October 2018, Milan (Panelist)
- "Digital Assets in insolvency: What to do?" - ARITA Forum, December 2018 , Melbourne (Presenter)
- "Dealing with Cryptocurrency Assets in Insolvency" - INSOL International Annual Regional Conference, April 2019, Singapore (Chair)
- "Virtual Assets versus Real Insolvencies" - IBA 2019, September 2019, Seoul (Chair)
- "Crypto Assets and Insolvency" - Australian and Securities Investments Commission, October 2019, Melbourne
- "Crypto Assets in Bankruptcy and as Proceeds of Crime" - Australian Financial Security Authority, November 2019, Melbourne
Memberships and Associations
- INSOL International
- International Bar Association
- INSOL Europe
- Law Institute of Victoria
- IBA Insolvency Section: Legislation and Policy Subcommittee - Vice Chair
- INSOL Europe: Legal Tech & Digital Assets