Partner

Ariel Borland

Ariel is a partner in the Melbourne Commercial Disputes, Restructuing & Insolvency team. Ariel’s practice encompasses a wide range of litigious and non-litigious insolvency work. Her practice also includes aspects of trade practices, professional negligence, complex contractual disputes and financial services disputes.

Ariel is listed as a Recommended Dispute Resolution: Litigation Lawyer in the 2022 edition of The Legal 500 Asia-Pacific, a Recognised Lawyer for both Insolvency and Reorganisation Law and Litigation in the 2023 edition of Best Lawyers in Australia, an Up and Coming Lawyer for Restructuring/Insolvency in the 2022 edition of Chambers Asia-Pacific and a Leading Insolvency & Restructuring Lawyer (Victoria) in the 2021 edition of Doyle’s Guide.

Expertise 

Ariel’s expertise includes:

  • Providing insolvency advice on various technical issues, including priority disputes, retention of title claims, Personal Property Securities Act (2009) disputes, schemes of arrangement, practitioner remuneration and employee entitlements.
  • Drafting and advising on deeds of company arrangements and creditors trust deeds.
  • Advising on pooling arrangements.
  • Conducting public examinations and voidable transaction claims.
  • Advising on securities enforcement and realisation, including forbearance arrangements and formal appointments.
  • Advising and implementing the restructure and/or sale of distressed assets.
  • Advising on issues relating to the insolvency of trustees, including rights of indemnity against trust assets and priority issues.

Recent Projects

Ariel’s insolvency experience includes advising insolvency practitioners, creditors, debtors and directors on all aspects of receiverships, voluntary administrations and liquidations. This has included:

  • Advising on cross-border insolvency issues.
  • Providing insolvency advice on various technical issues, including priority disputes, retention of title claims, PPSA disputes, schemes of arrangement, practitioner remuneration and employee issues.
  • Drafting and advising on deeds of company arrangements and creditors trust deeds.
  • Advising on pooling arrangements.
  • Conducting public examinations and voidable transaction claims.
  • Advising on securities enforcement and realisation.
  • Advising and implementing the restructure and/or sale of distressed assets.

Some of the significant corporate insolvency administrations in which Ariel has recently acted include:

  • The administrators and deed administrators of Ellume Limited.
  • The receivers of Atlas Car and Truck Rentals, a large rental car business.
  • The receivers of Amerind Pty Ltd, a manufacturing business.
  • A large group of clients of BBY Limited, an international stockbroker.
  • The deed administration of AED Oil Ltd, an ASX listed oil explorer and producer.
  • The administration and then deed administration of the AEGIS Group, the successful tenderer for the Ararat Prison PPP Project.
  • The administration and then liquidation of Mowbray College, a non-denominational educational College.
  • The administration and then deed administration of Fletcher Jones & Staff Pty Ltd, a retail apparel group.

Professional Memberships / Accreditation & Activities

  • Recognised Lawyer, Insolvency & Reorganisation Law and Litigation, The Best Lawyers in Australia
  • Ranked Lawyer – Up and Coming, Restructuring/Insolvency, Chambers Asia-Pacific
  • Leading Lawyer, Restructuring & Insolvency, The Legal 500 Asia-Pacific
  • Recommended Lawyer, Dispute Resolution: Litigation, The Legal 500 Asia-Pacific
  • Leading Lawyer, Insolvency & Restructuring (Victoria), Doyle’s Guide
  • Leading Restructuring and Insolvency Lawyer, Asia Law

location

Melbourne

Thinking

Commercial Disputes
HRL (Un)limited: Removing the bar on...
Commercial Disputes
A Low Point for the Peak Indebtedness Rule ...
Commercial Disputes
Lacunae in the Legislation: Small Business...
MO
MO
COVID-19
How harsh is harsh? Complying with statutory...
MO
Commercial Disputes
Circulating or non-circulating, that is the...
MO
COVID-19
Insolvency Law Reforms
MO
MO
COVID-19
Don’t make it personal – relief from...
MO
Commercial Disputes
Separate but (not) equal: High Court decision...
MO
Commercial Disputes
Stay in Bed, Not a Trust: Court finds...
MO
Commercial Disputes
Cast-off: casting votes against resolutions...
Restructuring & Insolvency
I ask therefore you must respond: requests...
Restructuring & Insolvency
Federal Court leaves priority regime hanging...
Restructuring & Insolvency
Get your priorities straight: Former...
Restructuring & Insolvency
The Fine Art of Recovering Costs
Restructuring & Insolvency
Reclaiming the Disclaimer: Queensland Court...
Restructuring & Insolvency
Cementing the treatment of insolvent trading...
Restructuring & Insolvency
Arbitrary percentages out the window: Sakr...
Restructuring & Insolvency
Back to the Future: Court of Appeal confirms...
Commercial Disputes
Is it mutual? A tale of set-off and security ...
Restructuring & Insolvency
Going around in circles on section 433? ...
Restructuring & Insolvency
Sorry, it’s not you, it’s me: Court...
Restructuring & Insolvency
Doubling (or halving?) your chances: proposed...
Restructuring & Insolvency
Affix your assets or register: Power Rental...
Restructuring & Insolvency
The ABCs of ABNs and ACNs under the PPSA: the...
Restructuring & Insolvency
A prudent approach to reducing the risk of...
Restructuring & Insolvency
In defence of indemnity
Commercial Disputes
Litig8: We either live with intention or...
Commercial Disputes
Litig8: The privilege trap: implied waiver ...
Commercial Disputes
Litig8: Security for costs: considerations of...
Commercial Disputes
Litig8: Shifting sands- contracting with...
Commercial Disputes
Litig8: Tips for settlement conferences ...
Commercial Disputes
Litig8: High Court reconsiders...
Commercial Disputes
Litig8: Director’s duties
Commercial Disputes
Litig8: Staying commercial arbitrations ...
Commercial Disputes
Litig8: Contract Interpretation: Strict...
MO
Commercial Disputes
Litig8: Insolvency: Evidence of director...
Commercial Disputes
Litig8: Contract drafting: Time-bar...
Commercial Disputes
Litig8: Costs: When the winner doesn’t get...
Commercial Disputes
Litig8: Wrongful Dealing with Property: What...
Commercial Disputes
Litig8: PPSA: The ‘udder’ necessity of...
Commercial Disputes
Litig8: Contracts: Risks associated with...
MO
Commercial Disputes
Lenders beware: when is a farm a farm? ...
Restructuring & Insolvency
The ‘udder’ necessity of registering on...
Commercial Disputes
Litig8: Cost Quirks – Pre-Action...
Commercial Disputes
Litig8: The upcoming unfair contracts regime...
Commercial Disputes
Litig8: Fruits of taxation and staying an...
Commercial Disputes
Litig8: A warning to administrators when...
Commercial Disputes
Litig8: Relief and reprieve for short term...
Commercial Disputes
Litig8: Solicitors’ obligations under...
Commercial Disputes
Litig8: Debt repayment arrangements and their...
Commercial Disputes
Litig8: Shareholders inspecting books ...
Restructuring & Insolvency
A Matter of Trust? Practitioner remuneration...
Restructuring & Insolvency
A Moving Issue: Fixture or PPS Lease? ...
Restructuring & Insolvency
High Court of Australia welcomes insurers to...
Restructuring & Insolvency
Terms of a security agreement held to be...
Restructuring & Insolvency
Extending the “Shelf” Life of Voidable...
Restructuring & Insolvency
A Simple Formula: Prerequisites to PPSA...

Partner

Sophie Cleveland

View the next profile