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Scott GuthriePartner
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Admissions and qualifications
Scott Guthrie is a partner in our Restructuring & Insolvency team in Brisbane.
Scott draws on his 21 years of expertise to advise clients in the finance, insolvency and property industries.
A significant part of Scott's practice involves acting for various stakeholders in the unsecured and secured insolvency market. Scott regularly advises and acts for receivers, liquidators, administrators and bankruptcy trustees in identifying, preserving and recovering assets for secured and unsecured creditors. Scott also represents directors and company officers, particularly in response to investigations and enforcement action by ASIC and other corporate regulators.
Scott also represents a number of major banking institutions to recover secured and unsecured funds, and acts for them and other non-bank financiers in all manner of disputes, including those concerning the priority of securities, mortgage fraud, cheque conversion claims and professional negligence claims (against auditors and valuers).
Scott has also acted for property developers in joint venture disputes, as well as contractual disputes concerning the application of consumer protection legislation (such as the Land Sales Act) and disputes concerning alleged rights of termination.
Plaintiffs: Acting in highly publicised proceedings to recover funds misapplied in breach of trust overseas and which were used to purchase AU$100 million of property in South East Queensland. Mareva orders were obtained freezing assets in Australia and overseas.
Former officer of a now defunct large corporate participant in the leisure and resorts sector: Acting in civil penalty proceedings by ASIC, as well as proceedings by the company liquidators in relation to alleged uncommercial transactions involving an overseas secured creditor.
Regional bank: Acting in proceedings against auditors following an alleged failure to detect systemic fraud concerning a multi-million dollar debt factoring facility.
Receivers: Advising in relation to the sale of land development parcels, including in relation to their statutory duties and responsibilities and the legal status of various development applications and approvals.
External administrators: Acting to identify, preserve and recover assets of insolvent estates, including appearing at public examinations of company officers, bankrupts and related parties.
Secured creditors: Identifying and securing assets of defaulting debtors, including obtaining Mareva orders, Anton Piller orders, obtaining other injunctions, maintaining caveats and compelling disclosure of money and other assets.
Community Involvement and Pro Bono
Scott was a former Board Member of Greening Australia (Qld) from 2006 to 2013 and Chairman in 2013. Greening Australia is Australia's largest not for profit environmental organisation. From its beginnings in 1982, Greening Australia has transitioned its client base from almost exclusively government organisations to private sector land developers and individual land owners.
ARITA Members Monthly Seminar series; Safe harbour reforms and risks for advisors
Queensland Law Society Insolvency Intensive 2018; Safe harbour – a review of recent amendments to the Corporations Act and insolvent trading action defences
Queensland Law Society – Webinar, PPSA: why timing is everything – October 2018
TMA Queensland; a review of Safe harbour and ipso facto amendments to the Corporations Act – August 2018
Australian Restructuring Insolvency and Turnaround Association
Law Council of Australia's Insolvency and Reconstruction Law Committee (Queensland)
Queensland Law Society
BrisbaneLocal time
Fraud, Corruption and Asset Recovery
Real Estate Litigation and Dispute Resolution
Queensland University of Technology, Bachelor of Laws
Admitted as a Solicitor, High Court of Australia
Admitted as a Solicitor, Supreme Court of Queensland