Norton Rose Fulbright Australia
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Natasha Toholka is a financial services, restructuring and insolvency lawyer based in Melbourne. She also advises clients operating in the technology and innovation sector.
Natasha advises clients on all aspects of banking and finance litigation, security enforcement, insolvency (reconstructions, workouts, formal appointments and cross-border matters), general commercial disputes, disciplinary proceedings and regulatory investigations.
Natasha is an ARITA Fellow and Victorian deputy co-chair of the Law Council of Australia's Insolvency and Restructuring Committee.
Natasha leads the firm's Melbourne office Diversity, Equity and Inclusion committee and is sponsor of the Cultural Diversity Think Tank.
Professional experienceExpand all Collapse all
- Bachelor of Laws, Monash University
- Bachelor of Arts, Monash University
- Insolvency Education Program, University of Southern Queensland, (ARITA Advanced Certification)
- High Court of Australia 2000
- Supreme Court of Victoria 1999
- Lenders – acting in proceedings before all superior Victorian and Federal courts on behalf of lenders (including priority disputes, penalty proceedings, obtaining injunctive relief and freezing orders).
- External administrators/trustees – all matters in the external administration life cycle including applications for directions, relief from personal liability, extension of convening periods/moratoria, bringing and defending sale at undervalue, breach of duty and voidable transaction claims, application of UNCITRAL Model Law on cross-border insolvency. Examples include the voluntary administrations of Roger David and Aussie Farmers Direct, the liquidations of Timbercorp Securities Limited and the HRL Group, the receivership of the Great Southern Group and acting for the Official Trustee in Bankruptcy in the High Court of Australia.
- Corporate groups – providing structuring and restructuring advice in respect of corporate groups, including Australian Stock Exchange listed entities and an AIM listed entity (UK).
- Creditors and debtors – prosecuting and defending enforcement and winding up/bankruptcy proceedings.
- Cross-border – acting for Australian liquidators in a proceeding in the Bankruptcy Court, District of Nevada – the first time an Australian voluntary winding up was recognised in the US or anywhere else, as a "foreign main proceeding".
- Insolvency practitioners - before disciplinary boards and committees and in ASIC investigations.
- Enforcement –recovery of large debt portfolios.
- Voted by peers as one of Australia's Best Lawyers in insolvency and reorganisation law (2016-2022)
- Leading lawyer (Victoria) for insolvency and restructuring - Doyles (2022)
- Recommended for restructuring and insolvency, dispute resolution by The Legal 500 Asia Pacific (2018)
- Managed Investment Schemes - When is it just and equitable to wind up? Australian Insolvency Journal (2009) 21(4)
- Court rules that uploaded electronic signature did not download a loan guarantee Image and Data Manager (2016) 8 July 2016
- Zone of Insolvency - various, see: https://www.zoneofinsolvencyblog.com/category/australia/
- ARITA Advanced Certification workshop leader (2018 onwards)
- ARITA Vic/Tas conference - Challenges facing the insolvency profession (2019)
- ARITA National conference - The business case for diversity with Emma Isaacs, CEO Business Chicks (2020)
- Law Institute of Victoria CLE program - Insolvency update with C Rome-Sievers and M Galvin QC of the Victorian Bar (2020)
- Law Council of Australia, Insolvency and Restructuring Committee Workshop (invitation only) – panellist External administrators and personal liability (2022)
- ARITA (Fellow), member of ARITA's Balance Taskforce (with a mandate to increase diversity, equity and inclusion in the insolvency and restructuring and turnaround profession)
- INSOL International
- Deputy co-chair, Insolvency and Restructuring Committee, Law Council of Australia
- Asian Australian Lawyers Association
Australia’s unfair preference laws
Publication | Q2 2023
Australian corporate insolvency reform: What can we expect in 2023?
Publication | February 15, 2023
Banking Code of Practice review: Interim Report
Publication | September 13, 2021