Jemaya Barlow Special Counsel

Meet Jemaya

Jemaya is a restructuring and insolvency lawyer who advises on all aspects of traditional insolvency scenarios such as company liquidations, receiverships and voluntary administrations.

She specialises in large and complex litigation arising from insolvency scenarios, and in recent years has successfully defended major shareholder actions brought in Australian courts against insolvent companies based on the novel American concept of ‘fraud on the market’/market-based causation.

She regularly acts for insolvency practitioners, secured and unsecured creditors, major local and offshore banks, boards of directors, individual directors, funds and large companies.  Jemaya prides herself on a strong ability to combine technical skills with commercial common sense to provide outcomes that preserve and protect her client’s interests in distressed situations.  

Jemaya has acted for the liquidators of HIH Insurance, Babcock & Brown, Pan Pharmaceuticals and advised on numerous insolvencies and disputes across a broad range of sectors including financial services, technology, health, oil and gas, and FMCG.  

Jemaya has previously practised in Hong Kong, where she conducted cross-border litigation and arbitration in various jurisdictions including Hong Kong, London and Singapore, and advised and defended major investment banks in regulatory investigations in Hong Kong and India concerning insider trading, short-selling and breaches of foreign investment rules.

Experience

General

Deloitte

Advice and litigation counsel to the liquidator of Babcock & Brown Ltd in numerous actions since 2009, including the successful defence of $300m claim brought by shareholders against the company.

Digi-Tech (Australia) Ltd

Successfully acted for Digi-Tech in the High Court proceeding Digi-Tech (Australia) Ltd v Brand, which is a leading Australian authority on causation.

KPMG/McGrath Nicol

Advice and litigation counsel to the liquidators of HIH Insurance Ltd in numerous actions since 2001.

Merrill Lynch

Advised on its exposure as prime broker to numerous distressed companies including Lift Capital and Opes Prime.

PPB

Acted for the liquidator of Pan Pharmaceuticals Ltd.

Major accounting firms and investment banks

Confidential advice and representation in regulatory investigations conducted by ASIC and other market regulators.

Recognition

Recommended in Restructuring & Insolvency Law
Asia Pacific Legal 500, 2018

Career & qualifications

Qualifications

  • BBus / LLB (First Class Honours), University of Technology

International experience

  • Worked in Hong Kong for three years with Allen & Overy and Clifford Chance in several high-profile restructurings and complex litigation matters including Orient Power, LG Phillips and Asia Pulp & Paper.
    Also acted regularly for buyers and sellers of distressed debt, and advised various stock market participants (including hedge funds and international investment banks) in relation to regulatory issues and investigations.

Insights Read more insight

Striking the right balance

JWS has successfully encouraged a Court decision to strike a balance between a legislative intention and an overall objective to maximise the return for creditors and any return to shareholders.

More
What to do when ASIC comes knocking: failure by liquidators to lodge public notifications and other

The PNW Project aims to test all registered liquidators’ compliance with the requirement to publish certain notices on ASIC’s “published notices website” and to lodge forms with ASIC.

More