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Kimberley  MacKay

About Kimberley

Kimberley MacKay practises in the firm’s dispute resolution & litigation department with a particular focus on complex commercial disputes, class actions and insolvency. She has extensive experience in the active resolution of disputes through litigation, mediation, arbitration, expert determination and other alternative resolution processes in a broad range of industries.

Recommended: Insolvency and Reorganization Law in Australia

Best Lawyers® International 2016

Kimberley is commercially focussed, exploring all avenues of dispute resolution to achieve her clients’ wider strategic objectives.  Kimberley also acts for insolvency practitioners, financial institutions and corporate clients in managing insolvency arrangements, resolving disputes, recovering debts and realising assets.

In October 2010, Kimberley joined Arnold Bloch Leibler from British Telecommunications in London where she worked in its specialist litigation team.  Previously, Kimberley worked for Blake Dawson (now Ashurst) in its litigation practice.  During this time, she was seconded to Telstra for six months and also took a leave of absence to work as an intern at the United Nations’ Office of Legal Affairs in New York.

Kimberley has been ranked by Doyle’s Guide in the ‘Rising Stars – Litigation & Dispute Resolution, Australia 2016’ category.

Kimberley holds a Bachelor of Laws (with Honours) from Bond University and a Masters of International Studies from The University of Sydney.  She was admitted to practice in the Supreme Court of Victoria in 2002, and in 2007 was admitted to practice in England and Wales.

Practice focus

Kimberley’s practice focuses on the following areas:
  • commercial litigation in the Supreme, Federal and appellate courts, as well as alternative dispute resolution;
  • class action litigation;
  • corporate insolvency and reconstruction, including voluntary administrations, receiverships and liquidations; and
  • financial services, including registered and unregistered managed investment schemes.

Experience

Since joining the firm, Kimberley has acted in a range of matters, including on behalf of:

  • Visy: in relation to class action proceedings brought against it for alleged breaches of the Trade Practices Act;
  • the administrators and liquidators of Willmott Forests Limited responsible entity of a large agribusiness managed investment scheme: including seeking various directions from the Courts, including up to the High Court, and bringing and defending multiple proceedings, including a class action, inter parties disputes, liquidator examinations and urgent injunction applications;
  • the administrators and liquidators of the Gunns Group of Companies, Australia’s largest forestry company: including seeking various directions from the Courts in relation to the sale and distribution of assets, and participating in inter-parties litigation in relation to attempts to reconstitute schemes;
  • the liquidators of Timbercorp Securities Limited, responsible entity of a large agribusiness managed investment scheme: including defending test cases relating to avoidance of investor loans;
  • Impact Investment Group: in relation to a high profile leasing dispute with its tenant Roy Morgan Research regarding a Collins street building;
  • Moose Toys: in relation to worldwide litigation, including US class proceedings, brought against it by consumers and distributors arising out of a defective batch of toys; and
  • a number of clients: in relation to shareholder disputes, oppressive conduct claims and other Corporations Act issues.

Prior to joining Arnold Bloch Leibler, Kimberley acted in:

  • an appeal to the House of Lords: in relation to a worldwide freezing order arising out of a US$350m global dispute;
  • class action proceedings and ensuing settlement scheme (expert determination) on behalf of a multinational oil company;
  • ACCC investigation and prosecution proceedings for a multinational company relating to price fixing allegations;
  • ACCC proceedings for a multinational building and construction company relating to a proposed merger and acquisition;
  • negotiations with the regulator on consumer protection issues arising out of the insolvency of telecommunication providers in the Global Financial Crisis;
  • negotiating new supply contracts, recovering debts and administering the sale of assets in relation to insolvent companies in Australia, the UK, Europe and the United States of America;
  • an Early Neutral Evaluation: in relation to a civil claim arising out competition law violations;
  • breach of contract proceedings against a Nigerian telecommunications company; and
  • a variety of breach of contract, negligence and insolvency disputes for major Australian, international and multinational companies.

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Recognition & publications

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