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 New South Wales, South Australia and England.
Heather was recognized in the 10th edition of The Best Lawyers in Australia for Insolvency and Reorganization Law.
Heather 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.
In addition to insolvency related litigation, Heather has significant experience acting in complex Corporations Act litigation in the Supreme Court of New South Wales, the Federal Court and the High Court of Australia as well as more general contractual disputes in all mainland superior courts.
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 proceedings in the Federal Court of Australia and the New South Wales Supreme Court relating to the control and 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.
- Acting for Washington H. Soul Pattinson and Company Limited in connection with a requisition for a general meeting issued by Perpetual and its defence of oppression proceedings commenced by Perpetual in the Federal 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.
- Acting for Banksia Securities Limited (receivers and managers appointed) on the instructions of its receivers in defence of a class action commenced on behalf of debenture holders in the Supreme Court of Victoria against the company, its directors and auditors.
- Acting for KordaMentha as administrators of The Griffin Coal Mining Company and several of its affiliates and on the subsequent deed administration of The Griffin Coal Mining Company's holding company (including advising on proofs of debt lodged).
Professional Associations and Memberships
- Australian Restructuring Insolvency & Turnaround Association - Member
- 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)
Presenter, "Practical Enforcement Implications of PPSA," Personal Properties Securities Register 2012, March 2012