Joseph Scarcella

Partner
+61 2 8247 9639
+61 498 988 067

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Joseph is a pre-eminent restructuring and insolvency lawyer specialising in all aspects of insolvency administrations, security enforcement, insolvency related litigation, restructuring techniques and workouts. 

He has been instructed in respect of almost every major corporate insolvency in Australia during the last 20 years. He is an expert litigator and advocate and handles complex litigious matters.

Joseph's experience spans complex insolvencies such as the collapse of multi-jurisdictional hedge fund, finance and insurance companies. He acts for corporate clients in respect of their exposure to lenders or financially precarious counterparties.

His clients include domestic and international insolvency practitioners, ASX listed corporations, investment banks and litigation funders. 

Joseph is known for the commerciality and speed of his advice and his friendly approach. Clients particularly value his tenacity in litigious circumstances. He is recognised as a leading lawyer in Restructuring & Insolvency by Chambers Asia-Pacific, Best Lawyers Australia and Doyle’s Guide to the Australian Legal Profession.

  • Arrium: acted for the first administrators of the Arrium Group.
  • Allco: acted as the principal legal advisor to the liquidators of the the Allco Group of companies.
  • Babcock & Brown: acted as principal legal advisor to the liquidator of Babcock & Brown, including in respect of prosecution of major claims and successful defence of shareholder class actions.
  • Banksia Securities: acted for the receivers in respect of prosecution of several causes of action.
  • CBD Energy: acted for the administrators of the CBD Energy Group, which is the first successful reconstruction of an Australian entity publicly listed on the NASDAQ in the US.
  • HIH: acted for the liquidators of the HIH Group, which remains Australia’s largest corporate insolvency. 
  • Macquarie Bank: in relation to its exposure to the Dick Smith Group.

Recognition

  • Ranked as a leading lawyer by lawyer in Restructuring & Insolvency – Chambers Asia-Pacific
  • Ranked as a leading lawyer by lawyer in Insolvency & Reorganisation Law – Best Lawyers Australia
  • Ranked as a Recommended Practitioner in Insolvency and Restructuring – Doyles’ Guide to the Australian Legal Profession

Qualifications

  • Bachelor of Laws (Honours), Macquarie University
  • Bachelor of Commerce, Macquarie University

Memberships

  • Australian Restructuring Insolvency & Turnaround Association (member of technical committee)
  • Turnaround Management Association
  • Australian Institute of Credit Management

International experience

  • Acted for certain Italian creditors in the Parmalat collapse and is fluent in conversational Italian

Publications

  • Corporate Insolvency and Reconstruction - chapter 13 in the Australian Corporate Finance Law looseleaf service (Butterworths)
  • Various publications in the ARITA Journal and AICM Magazine

Presentations

  • Presented at numerous National and State based ARITA Conferences on a variety of topics
  • Presented at numerous National Conferences of the Australian Institute of Credit Management on a variety of topics

Publications