Dr Garry Hamilton is a Doctor of Laws, a Fellow of the Institute of Chartered Accountants, a Fellow of the Certified Practising Accountants, a Fellow of the Governance Institute of Australia and a Fellow of the Australian Restructuring Insolvency & Turnaround Association. Until recently, Garry, who is also a chartered accountant, was the only practising solicitor in Australia registered as a liquidator by the Australian Securities and Investments Commission.

Dr Hamilton practises in commercial litigation, corporate reconstruction, debt restructuring and insolvency and has been involved in most of the larger corporate reconstructions and insolvencies in Australia in the past 30 years. He was a Partner with Minter Ellison Lawyers for 25 years and now consults to Taylor David Lawyers, a boutique corporate restructuring and insolvency firm in Brisbane.

Dr Hamilton has advised the Hong Kong, Fijian and Singapore Governments in their review (and in respect of Fiji, its drafting) of their corporate reconstruction legislation, and sat on an advisory board to the Commonwealth Government when the amendments were being made to the insolvency and reconstruction sections of the Corporations Act. In 2018, he also drafted amendments for the Commonwealth Government in its 10-year revision of the Corporations (Aboriginal and Torres Strait Islander) Act. In 2021, Dr Hamilton prepared and submitted to Treasury draft legislation to remedy the ongoing problems with the external administration of corporate trading trusts.

He holds degrees in Commerce, Economics and Law from the University of Queensland, a Master of Laws from that university, and a Doctorate (Juridical Science) from the Queensland University of Technology.

Dr Hamilton was a member of the Law Council of Australia’s Corporate Insolvency and Reconstruction Committee from 1993 to 2016, and has been a member of the editorial board of the Insolvency Law Bulletin since 2013.

Publications and conference papers

Books and Book Chapters:

 

    • The Australian Chapter of Collier International Business Insolvency Guide (Author, revised 2021);
    • The Australian Chapter of Restructuring and Insolvency Guide (Thomson Reuters, Practical Law, Co-author with Scott Taylor, revised 2021);
    • The Companies section of LexisNexis Court Forms and Precedents in Queensland (Author, currently being revised, 2022);
    • Invalidations of Securities Upon Insolvency, The Federation Press, 2000 (Author)

 

Journal articles (most recently published) and conference papers:

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  • Back to basics – section 588FA, Corporations Act: is a diminution of a company’s assets a pre-condition to the existence of a preference? The mischief of the “doctrine of ultimate effect” exposed (2021) 29 Insolv LJ 147;
  • Conflicting intermediate appellate court decisions: voidable preferences, third- party payments and the relevance of double-entry book-keeping (2020) 20 Insolvency Law Bulletin 207, (referred to with approval by Rees J in Western Port Holdings Pty Ltd (receivers and managers appointed) (in liq) [2021] NSWSC 232 at [8]) (12 March 2021);
  • Vesting of Trust Property in a Bankruptcy Trustee and “reasonable grounds” for Lodging a Caveat: Some helpful Guidance from the High Court (2020) 28 Insolv LJ at 41;
  • Winding up and Employee Entitlements: Does Corporations Act s 561 give a Liquidator priority over Employee Entitlements for Liquidation Costs and Expenses? (2019) 27 Insolv LJ 81;
  • Amerind – the Aftermath: Questions and Practical Difficulties Remaining (2019) 27 (3) Insolv LJ 185 at 187;
  • o Preferences and running accounts: “Peak indebtedness”: The Elephant in the room (2018) 26 Insolv LJ 2 at 86;
  • Battening down the Hatches under the Insolvency Law Reform Act: How to Resist a Request for Documents from Mr Snoopy Creditor: Part 1, Proctor, Feb 2018, Vol 38 No1 at 28;
  • The case of the mysteriously disappearing secured debt under a deed of company arrangement: hard cases making bad law again? Insolvency Law Bulletin, 2017, Vol 8, No 6 at 116;
  • The case of the mysteriously disappearing secured debt under a deed of company arrangement: hard cases making bad law again? Australian Banking  and Finance Law Bulletin, Vol 33, No 6, July 2017;
  • Winding up insolvent corporate trustees – what happened to the liquidator?, Insolvency Law Bulletin, 2016. Vol 17, No 6; republished in Butterworths Corporation Law Bulletin, 27 October 2016;
  • Equitable subrogation of banks and other secured creditors for the recovery of statutory employee entitlements: A "new class of case" or simply a different perspective? (2016) 34 C&SLJ 121;
  • Review of the Voluntary Administration Regime under the Australian Corporations Law - Paper presented at the 1999 European Insol congress in Munich, Germany, 14-17 October 1999;
  • Accountants’ and Solicitors’ Liens: Fee Protection: How can fees be protected? - Paper presented at the 1998 CLE/IPAA Seminar, Law Society House, Brisbane, 11 December 1998;
  • The Changing Role of the Administrator: The Waterfront Dispute - Paper presented jointly with the co-administrator of the Patrick Stevedore companies, Mr Bill Butterell, at a seminar organized by Legal and Accounting Management Services Pty Ltd at the Novotel, Brisbane on 31 August 1998;
  • Provisions which Avoid Charges under the Corporations Law: The Effect on Secured Creditors and Receivers (1998) 16 C&SLJ 333;
  • Third Party Payments under the new Preference Provisions of the Corporations Law – A Big Loophole or have the Judges got it wrong? - Paper presented at the 1997 CLE/IPAA Seminar, Hilton Hotel, Brisbane, 24 October 1997;
  • Some Current Problems with the Voluntary Administration Procedure under the Corporations Law - Paper presented at 1997 CPA Congress, Sheraton Brisbane Hotel and Towers, Brisbane, 23 October 1997;
  • Some Current Problems with the Voluntary Administration Procedure under the Corporations Law - Paper presented at 1997 Australian Securities Commission’s Corporate Lawyer’s Forum, Sea World Nara Resort 18-19 April 1997;
  • An Insolvency Riddle: When is a debt which is due not a debt which is due and payable?: An examination of the insolvency element of the antecedent transaction provisions of the Corporations Law (1997) 5 Insolv LJ 78;
  • Corporate Insolvency Law Reform in Australia - Paper presented at 1997 US Bankruptcy Law Conference, Vail, Colorado, January 13-19, 1997;
  • An Insolvency Riddle: When is a debt which is due not a debt which is due and payable?: An examination of the insolvency element of the antecedent transaction provisions of the Corporations Law - Paper prepared for presentation to joint CLE/IPAA Seminar on 28 November 1996;
  • Fraud in the Building Industry - Paper presented at the IPAA National Conference, Brisbane 2 & 3 May 1996;
  • Retention of Title Clauses: Are They Really as Safe as Houses? (1996) 26 QLSJ 57;
  • Deeds of Company Arrangement: The Prescribed Provisions (1995) 3 Insolv LJ 67;
  • Review of the Voluntary Administration Procedures Under the Corporations Law - Paper presented with Judge Drummond at Corporate Lawyers and Regulators Forum at HYATT Coolum, Sunshine Coast, 12 May 1995;
  • Creditors and Classes of Creditors in the Context of Corporate Statutory Schemes of Arrangement (1994) 2 Insolv LJ 176; and
  • Voluntary Administrations - Impact on Insolvency Practice - Paper presented to joint IPAA/CLE Seminar on 25 August 1994.