Mr Chris M Fenwick

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Chris practices in corporate and commercial law.

His experience includes 6 years in the Insolvency team at Ashurst Australia and 10 years in the Commercial Disputes team at Hall & Wilcox, conducting corporations and insolvency law matters; and general commercial disputes concerning banking & finance law, contractual, equitable, property, construction and trade practices claims.

Chris has a Bachelor of Laws and Arts (with Honours) from Monash University and a Master of Laws from the University of Melbourne.  In his Masters Chris studied insolvency, securities for corporate lending, insurance, and building and construction claims (for which he won the prize) and construction contracts.  Chris has also completed both subjects of the ARITA advanced insolvency course with High Distinction.

As a solicitor, Chris has appeared in all Victorian State Courts, the Federal Court and VCAT.

His work as a solicitor involved:

Complex Insolvency Administrations

Chris has conducted significant litigation involving large-scale corporate collapses in the Supreme Court of Victoria, including in relation to the managed investment scheme collapses of the last several years

Gunns Group Receivership:

Acting on behalf of the lending syndicate and their appointed receivers and managers to recover $400m of secured debt from the assets of the failed Tasmanian timber business, Gunns. 

Successful litigation to prevent Macquarie Forestry from taking control of the Gunns Managed Investment Schemes.

Successful litigation to obtain orders that the liquidators of the Managed Investment Scheme were justified and acting properly in including the Managed Investment Scheme assets in with the assets of the Gunns companies in a joint sale.

Re Gunns Finance Limited (in liquidation) (receivers & managers appointed) (No 2) [2013] VSC 365.

Re Gunns Plantations Limited (in liquidation)(receivers & managers appointed)(No 4) [2014] VSC 369

Timbercorp:

Acting on behalf of the lending syndicate (ANZ, Westpac and Bank of Scotland) to recover $200m of secured debt from the assets of the failed managed investment scheme promoter, Timbercorp.  Successful litigation to establish that the rights of the thousands of investors in the schemes were terminal and of no value as opposed to the secured interests of the lenders.

BOSI Security Services Ltd (as trustee for Australia and New Zealand Banking Group Ltd and BOS International (Australia) Ltd and Westpac Banking Corporation Ltd v Australia and New Zealand Banking Group and Ors (2011) 84 ASCR 341.

Recovery Proceedings

Chris is an expert in recovery proceedings flowing from formal insolvency appointments. He has provided advice, conducted and mediated a large volume of voidable transaction claims for liquidators and bankruptcy trustees.  He has delivered papers on the law of unfair preferences and the strategy for conducting claims.  He has also delivered a paper on the evidence required to support insolvent trading claims.

He also has extensive experience in the enforcement of both secured and unsecured debt.

Winding Up and Bankruptcy Proceedings

Chris has appeared on behalf of creditors and debtors in contested winding up and bankruptcy hearings in both the Supreme Court and the Federal Circuit Court.

Commercial Disputes

Chris has conducted a wide variety of commercial disputes, including in the context of insolvency administrations, in all Courts and at VCAT arising from banking & finance law, or where issues of contract, equity, trusts, property, building and construction, or trade practices arise.

Liability limited by a scheme approved under Professional Standards legislation.

Formal Details 0

  • Admitted to Practice
    06 April 1998
  • First Signing Bar Roll
    22 October 2015