Kai Adam Luck
Special Counsel
Norton Rose Fulbright Australia
Related services and key industries
Biography
Dr Kai Luck is a senior restructuring, insolvency, risk and regulatory lawyer, based in Sydney. He has over 14 years of experience across legal practice, academia, policy and government. Kai has a doctorate in corporate insolvency law and is dual admitted in Australia and New York.
Kai has Australian and international multi-sector industry experience. He has acted for Australia's largest banks and financial institutions, as well as insolvency practitioners, in contentious and non-contentious financial restructuring, reorganisation and insolvency matters. Kai also has strong expertise in cross-border insolvency law, including cross-border recognition and enforcement matters and cross-border investigations and asset recovery. He has also assisted in the development of policy frameworks and standards for best-practice insolvency regimes with INSOL International, the World Bank and UNCITRAL.
Kai also advises on banking regulations and prudential standards, including BEAR and FAR accountability requirements.
He has strong risk and regulatory expertise, and has acted on major regulatory investigations in relation to financial crime, corporate governance and breaches of directors' duties.
Previously, Kai acted as a policy advisor to Australia's Assistant Foreign Affairs Minister.
Kai is a widely published author in professional and academic journals in Australia and internationally.
Professional experience
Collapse all- PhD, Corporate Insolvency Law, The University of Queensland (2010)
- Bachelor of Laws (First Class Honours), The University of Queensland (2007)
- New York Bar 2011
- High Court of Australia and Federal Court of Australia 2010
- Supreme Court of Queensland (admitted to practice in all Australian states and territories) 2010
- Advising Australian banks on their enforcement rights as secured creditors during restructuring and liquidation processes, including via the appointment of a receiver, and the priority distribution rights between secured creditors and employees in relation to circulating security interests.
- Advising major banks and other financiers, insolvency practitioners and directors of ASX listed companies on insolvency rights, insolvent trading and directors' safe harbour, directors' duties, voidable preferences, and the negotiation and implementation of schemes of arrangement.
- Preparing a comprehensive 300-page report for the Australian Treasury in relation to the effectiveness of the Government-funded employee entitlement scheme and its potential for abuse in restructurings and phoenix transactions.
- Advising major Australian banks and other ADIs on capital and liquidity benchmarks and other requirements under APRA prudential standards, as well as Basel III framework implementation, governance and risk management requirements and obligations under the BEAR and FAR regimes.
- Leading joint projects with INSOL International, the World Bank, UNCITRAL and other international organisations on cross-border restructuring, including micro, small and medium size enterprise (MSME) insolvency reform, DIP finance, out of court restructuring and enterprise group insolvencies.
- Acting as a senior lawyer in the NSW Government Inquiry into Crown Casino, which led to law reform recommendations that have strengthened the financial crime and regulatory settings for casinos across the world and further defined the roles of directors and effective governance functions within a company.
- Acting as a senior lawyer for PayPal in connection with the AML/CTF investigation undertaken by AUSTRAC.
- Bachelor of Laws (First Class Honours), The University of Queensland (2007)
- Author of Australian and Myanmar chapters for INSOL International-World Bank Joint Global Guide on Measures Adopted to Support Distressed Businesses Through the COVID-19 Crisis (2020-2021).
- 'Restructuring – A Key Pillar of the Global Commitment to Build Back Better', International Bar Association Journal (Insolvency Section), January 2022 (co-authored with Scott Atkins).
- 'Outer Space: The New Frontier for Restructuring and Insolvency', International Corporate Rescue, October 2021 (co-authored with Scott Atkins).
- 'The Use of Mediation to Improve Global Restructuring Outcomes in a Post-Pandemic World', Global Restructuring Review, September 2021 (co-authored with Scott Atkins).
- 'The UK Rescue Moratorium and the Australian SBR Process', South Square Digest, July 2021 (co-authored with Scott Atkins).
- 'The New World Bank Insolvency Principles: Informal Workouts and MSE Insolvency Processes as Key Pillars of Economic and Financial Stability', International Corporate Rescue, July 2021 (co-authored with Scott Atkins).
- 'How Australian Courts are Advancing Corporate and Business Rescue During COVID-19 and the Agenda for Enduring Law Reform', International Corporate Rescue, July 2020 (co-authored with Scott Atkins).
- 'Corporate and Business Rescue in a COVID-19 World', ARITA Journal, June 2020 (co-authored with Scott Atkins).
- 'The Climate Imperative – How to Prevent the Health Pandemic Becoming a Dress Rehearsal for a Deeper Crisis', Oxford Business Law Blog, July 2020 (co-authored with Scott Atkins).
- 'Work Health and Safety Class Action Risk for Directors – An Emerging Space', OHS Professional, March 2020.
- The Emerging Threat of Climate-Related Litigation for Company Directors', Precedent (Australian Lawyers Alliance Journal), February 2020.
- 'Quelling the Extinction Rebellion', Practical Law in Australia, 5 December 2019.
- 'The Time is Now: Climate Risk a Mandatory Issue for All Boards', Practical Law in Australia, 5 December 2019.
- 'Time for Directors to Take a Look Behind the Social Licence Buzzword', Practical Law in Australia, 11 November 2019.
- 'A New Liability Landscape for Employee Entitlements in Liquidation', Australian Restructuring, Insolvency and Turnaround Association Journal, September 2019.
- 'High Court Clarifies When Arbitration Clauses Keep Disputes Confidential', Law Society Journal, June 2019.
- 'Queensland Set for Class Actions: Practical Issues and Implications', Proctor, November 2016.
- 'Foreign Investment Reforms: The Need for a Balanced Approach', Proctor, October 2016.
- 'The Restriction on Legal Representation before the Fair Work Commission: An End Without Means', Employment Law Bulletin, July 2016.
- 'The Procedural Requirements of Board Minutes', Australian Corporate Lawyer, June 2016.
- 'Australia's Insolvency Law Overhaul', Australian Corporate Lawyer, March 2016.
- 'Australia's Arbitral Advance: Legislative Changes to Foster Growth', Proctor, February 2016.
- 'Ending the Uncertainty: Reforming Insider Trading Law to Achieve Market Efficiency and Fairness', Australian Corporate Lawyer, September 2015.
- 'Removal of a Public Company Director: Is Compliance with Section 203D of the Corporations Act Mandatory?', Proctor, August 2015.
- Member, INSOL International
- Member, Australian Restructuring Insolvency and Turnaround Association (ARITA)
- Member, Banking and Finance Law Association of Australia
- Member, Law Society of New South Wales
- English
Insights
International Restructuring Newswire
Publication | Q1 | 2024
The role and potential for arbitration in cross-border insolvency disputes
Publication | February 08, 2024
Mediation as a bankruptcy and insolvency game changer
Publication | Q4 2023