Heather Sandell is a special counsel in the Dispute Resolution and Restructuring & Insolvency groups at Baker McKenzie, Sydney. She has been working as a dispute resolution lawyer for over 15 years in Sydney, London and Adelaide.
Heather was recognized in the 10th to 13th editions of The Best Lawyers in Australia for Insolvency and Reorganization Law.
Heather has significant experience acting in and advising on complex Corporations Act litigation (including shareholder disputes) before the Supreme Court of New South Wales, the Federal Court and the High Court of Australia as well as in more general commercial disputes (including complex contractual disputes, negligence claims and product liability disputes).
Heather also has extensive experience advising on formal corporate insolvencies (both in an advisory and contentious capacity) acting variously for office holders, directors, secured and unsecured creditors and shareholders on broad range of issues.
Heather has also worked extensively in facilitating, for public companies, the court approval of schemes of arrangement under the Corporations Act to effect both solvent mergers and takeovers (by way of a members' scheme) and debt restructuring (by way of a creditors' scheme).
Representative Legal Matters
Advising KordaMentha as administrators and deed administrators of Ten Network Holdings Limited and its subsidiaries on various aspects of the administration including contested proceedings in the New South Wales Supreme Court (in relation to an attempt to restrain the second meeting of creditors) and in the Federal Court of Australia (in relation to the recapitalisation transaction with CBS).
Acting for Emeco Holdings Limited on various aspects of the restructure (by way of an Australian scheme of arrangement and related Ch 15 relief in the US Bankruptcy Court) of its senior secured 2019 US high yield notes (governed by NY law) to effect a debt for debt/equity swap including in relation to all of the court related aspects of the scheme of arrangement.
Acting for Washington H. Soul Pattinson and Company Limited in connection with a requisition for a general meeting issued by Perpetual and its subsequent defence of oppression proceedings commenced by Perpetual in the Federal Court of Australia.
Advising directors, shareholders and their related companies in a complex series of Corporations Act and Trustee Act proceedings before the New South Wales Court (including the Court of Appeal) and the High Court of Australia.
Acting for SingTel Optus Pty Ltd (the largest unsecured creditor in the liquidation of One.Tel Limited) in proceedings before the Supreme Court of New South Wales successfully seeking orders to remove the special purpose liquidator.
Professional Associations and Memberships
- Law Society of New South Wales - Member
- New South Wales~Australia (2004)
- South Australia~Australia (2001)
- High Court of Australia (2001)
- University of Adelaide (LLB) (2000)
- University of Adelaide (Bachelor of Commerce) (1997)
- Co-author (with Baker McKenzie partner Steven Glanz), "High Court rules that in certain circumstances a company could only have preference shares on issue," Keeping Good Companies Vol 65 Issue 7