Ben Renfrey Partner

Meet Ben

Ben is an insolvency and reconstruction lawyer with experience in insolvency, reconstruction and recovery related litigation.

He acts for insolvency practitioners in their capacity as liquidators, voluntary administrators, deed administrators and receivers, as well as for corporate borrowers seeking to restructure.

Ben has several years experience acting in various large and complex disputes and Court related matters. He has particular experience in advising insolvency practitioners and secured creditors on insolvency related matters and insolvency recovery actions (acting for both liquidators and defendants), insolvency and other Corporations Act Court applications, general commercial and contractual disputes, judicial review applications and appeals.

Ben has acted across many sectors including in banking and finance and energy and resources. He is recognised as a leading lawyer in Alternative Dispute Resolution by Best Lawyers Australia 2019.

Experience

Insolvency

A National Bank

Advising the receivers and their appointor (a national bank) in relation to the receivership of an oyster growing company with approximately 100 staff and operations across five oyster farms in South Australia and Tasmania. Also prepared sale documentation for several sales of the company’s business and assets and settled on those sales.

A National Company

Advising a national company on the purchase of an Adelaide based fire inspection and testing business following its entry into voluntary administration. The sale was completed on the day the administrators were appointed.

Insolvency related dispute resolution

Publicly Listed Company

Acting for the liquidators of a publicly listed company in a circa $100 million claim in the Supreme Court of Victoria against the auditors of the company for failing to detect various financial reporting irregularities.

International Accounting Firm

Acting for an international accounting firm in the defence of a $200 million audit negligence claim brought by the receivers and managers of a listed national retail company and its financier.

A National Bank

Advising a national bank, and receivers and managers appointed by the bank, in relation to a $22 million fraud against the bank, including obtaining freezing orders against various parties and undertaking public examinations of the defendants.

Recognition

Recognised as a recommended lawyer in Dispute Resolution
Asia Pacific Legal 500, 2018
Listed as a leading lawyer in Alternative Dispute Resolution and Insolvency and Reorganization Law
Best Lawyers Australia, 2019

Career & qualifications

Qualifications

  • Bachelor of Laws and Legal Practice (First Class Hons), Flinders University of South Australia
  • Bachelor of Arts (Politics), Flinders University of South Australia

Memberships

  • Law Society of South Australia
  • Law Council of Australia – Business Law Section

Insights Read more insight

Time limits on claims under insurance policies: the latest guidance from the NSW Court of Appeal

The New South Wales Court of Appeal in a close 3-2 decision has decided that the time limit in which to sue an insurer for a failure to indemnify for property damage starts when the property damage...

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Receiver distribution of assets permitted despite objections

The latest decision in the external administration of Mirabela is a reminder of the utility of the section 424 directions process for receivers, and an example of the steps to be taken in the face...

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Devil in the detail – proposed exclusions from the Ipso Facto Stay

Regarding the introduction of legislation creating a stay on enforcement of ipso facto clauses: the devil was always going to be in the detail.

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News

Presentations

  • “Lessons Learnt during the Transitional Phase of the PPSA” – Legalwise Seminar, InterContinental Hotel, March 2014

External publications

  • “The priority of debts incurred during a trading DOCA — all creditors beware” Insolvency Law Bulletin, 2013
  • “Court approval of administrator’s fees — what to expect when the administrator’s conduct is the subject of complaint” Insolvency Law Bulletin, 2013