Alex Nicol
Managing Principal
+61 8600 6066
anicol@aitken.com.au
Alex Nicol
Areas of Law: Insolvency, Litigation
Qualifications: Bachelor of Laws & Behavioural Neuroscience
Alex Nicol is an insolvency and commercial disputes lawyer who prides himself on his straightforward, practical advice that is driven towards achieving the best possible outcome for his clients. He has extensive experience acting on behalf of insolvency practitioners, secured and unsecured creditors, directors and shareholders in complex administrations, receiverships and liquidations. His disputes practice spans the corporate sphere, including professional negligence, shareholder disputes, breach of director duties, breach of contract, and diversion of business claims.
In the insolvency sphere, Alex has built significant experience in:
- Acting for a liquidator in a professional negligence claim against an auditor and law firm for more than $200 million.
- Acting for liquidators in several unfair preference and uncommercial transaction cases, including two that went to judgment (successful for our client).
- Advising in relation to the appointment of an insolvency practitioner and the validity of security interests.
- Bringing and defending voidable transactions claims, including unfair preferences, unreasonable director-related transactions and unfair loans.
- Preparing and conducting public examinations to investigate the affairs of an insolvent company.
- Asset recovery investigations in relation to bankrupt estates.
- Bringing and defending insolvent trading claims.
- Assisting insolvency practitioners with the sale of real property and other assets.
- Deeds of Company Arrangement.
- Advising in relation to all aspects of the Personal Property Securities Act.
As a commercial disputes practitioner, Alex seeks to give early and practical advice that seeks to avoid formal litigation processes if possible. Once engaged in a court proceeding, Alex focuses on the key issues in dispute and seeks to ignore the ego, emotion and noise that tend to increase cost and reduce the prospect of either side achieving their desired outcome. He has extensive experience in large scale commercial disputes, particularly in relation to negligence claims against professional advisers, breaches of statutory and fiduciary duties, and complex breach of contract claims.
Experience
- Advising liquidators in relation to public examinations and subsequent litigation against professional advisers.
- Acting for shareholders in minority oppression proceedings.
- Negotiating a successful resolution in a shareholder dispute prior to proceedings being issued.
- Advising voluntary administrators in relation to all aspects of the voluntary administration of a domestic building company (contractual claims and proofs of debt, complex PPSA advice, potential sale of assets, insurance and building licence issues.
- Advising administrators in relation to a deed of company arrangement and injunctive relief proceedings brought by a disgruntled creditor.
- Acting for a trade creditor defending an unfair preference claim of over $500,000.