Norton Rose Fulbright Australia
Related services and key industries
Jenna Scott is a specialist insolvency and restructuring lawyer based in Brisbane, with significant litigious experience in insolvency, regulatory, class action, banking and general commercial matters, as well as transactional restructuring, across geographic locations.
She has acted on significant and highly complex litigation, regulatory and insolvency matters, involving substantial documentary evidence and multifaceted lay and expert witness evidence across jurisdictions, including acting in one of only a handful of securities class actions to be litigated in Australia.
Jenna's clients include government regulators, intermediaries, all of the major Australian banks and major corporates.
- Graduate Diploma in Legal Practice, Queensland University of Technology (2013)
- Bachelor of Laws, Queensland University of Technology (2012)
- Bachelor of Commerce (Marketing), University of Sydney (2006)
- High Court of Australia 2013
- Supreme Court of Queensland 2013
- Securities Class Action (Arnold Bloch Leibler) – Acting as defence counsel for ABL who were the due diligence advisory firm in a c.$1 billion class action representative proceeding brought on behalf of investors who acquired an interest in fully paid ordinary shares in Slater & Gordon Limited. The matter required strategic management of complex allegations to streamline the defence of unprecedented duty of care allegations, utilisation of expertise across practice areas, jurisdictions (Australia, US, UK and Canada) and simultaneous management of five concurrent proceedings. The matter was logistically complex given ABL's obligations of confidence, which required creative thinking and complex forensic and expert consideration, including subject matter experts from the US.
- Dick Smith group of companies (KPMG | NAB | HSBC) – Acting for the receivers and managers of Dick Smith Holdings Limited and eight of its associated entities appointed by a syndicate of lenders which held security over the group. The matter involved two separate Supreme Court of NSW proceedings brought against the directors of Dick Smith for breach of their directors' duties, and misleading and deceptive conduct for c.$240 million. There were various cross claims by each of the director-defendants against Dick Smith's auditors, Deloitte and two representative proceedings commenced by the shareholders with complex issues involving significant expert evidence, including a subject matter expert from the US.
- General Motors Holdings LLC | GM Holden Pty Ltd – Representing GM and Holden in relation to the decision made by GM to exit Holden vehicles sales, engineering and design operations in the Australian and New Zealand markets and to undertake an orderly restructure of the Holden group. Advice spaned a broad range of issues relevant to the restructure, including contractual and franchising issues, competition and consumer issues, corporate restructuring and compliance obligations, environmental matters, superannuation and tax issues, insurance, litigation advice, regulatory issues as well as overarching advice regarding communications strategy and government relations matters.
- HRL Limited and its subsidiaries (PwC) - Acting for the liquidators in respect of the winding up of HRL Limited and 20 of its subsidiaries. The group operated and funded a mix of commercial operations within the electricity and coal power generation sector as well as research and development projects for coal based electricity generation. Advised on all aspects of the group's business including the sale of its businesses, government funding arrangements and employee-related issues and currently pursuing c. $35 million claims against the group's former directors.
- Tennis Australia (ASIC) – This matter concerned proceedings brought by ASIC against two high profile former directors of Tennis Australia for alleged contraventions of their directors' duties in connection with the award of the 2015 – 2019 domestic broadcast rights for the Australian Open to the Seven Network worth c.$40-60 million.
- Timbercorp (KordaMentha) - Acting for the liquidators of the Timbercorp group of companies in the winding up of more than 30 registered managed investment schemes, including in relation to the recovery of a secured loan book valued at c.$500 million. The matter involved a High Court test case on the question of whether a class member in an unsuccessful class action, who later raised individual defences against a claim from a defendant to the original class action, was precluded from raising them by reason of Anshun estoppel, or abuse of process.
- Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry – Acting for a major insurance provider issued with notices by the Commissioner requiring provision of clear legal guidance and support to the business in relation to requests for information, witness preparation, legal advice on obligations and applicable statutory provisions.
- Lyon Solar group of companies (Directors) – Acting as defence counsel for the directors of the Lyon Solar group of companies in relation to alleged breaches of directors duties with c. $17 million in damages sought by the companies' liquidators.
- Midland Hwy Pty Ltd - Land banking schemes (PwC | BDO | ASIC) – Assisting ASIC with its investigation into a group of companies involved in the development and operation of a number of "land banking" schemes. The matter involved the apparent misappropriation of in excess of c.$30 million from retail investors, who were induced to invest in the schemes by misrepresentations made to them by the companies' agents.
- SMKH Pty Ltd (Bendigo and Adelaide Bank | KordaMentha) - Advising the bank in its enforcement of a c.$12 million loan concerning a failed residential estate property development. The matter was complicated by allegations of misconduct in the assignment of the original loan to the bank by the borrower and guarantors. The matter required delicate handling of warring guarantors to protect the bank from reputational harm and potential litigation to impede the security enforcement process.
- Australian Competition and consumer Commission (ACCC) – Advising the ACCC in its first endeavour to enforce penalties awarded against offenders.
- Ausjet (Grant Thornton | FEG) - Acting for the voluntary administrators and subsequent liquidators of entities comprising the Ausjet Group, which provided aviation services. Advising the liquidators in respect of the conduct of an incoming financier and their rights, including in relation to the equitable rights to marshal and to account. Subsequent conduct of public examinations into the affairs of the group.
- NRR Equipment Group (Bendigo and Adelaide Bank) – Successful refinance of a $8 million debt with secured assets located across multiple Australian States and ships mortgages over eight vessels registered in the Cook Islands.
- Australian Restructuring Insolvency & Turnaround Association
- Turnaround Management Association
- American Chamber of Commerce in Australia
- Women in Insolvency and Restructuring Queensland
- Monash University LSS Professional Mentoring Program
- Asia Society Australia
- Refugee Legal Volunteer
Insolvency practitioners’ independence obligations clarified by Supreme Court of Western Australia – Court of Appeal
Publication | September 05, 2023
Publication | Q2 2023
Publication | February 15, 2023