Binti Prasad

Binti Prasad

Partner / Principal

Melbourne


Personal Experience

Binti is a skilled and experienced commercial litigation lawyer who specialises in insolvency and restructuring and commercial disputes.  Binti represents insolvency practitioners, company directors and clients operating in a range of industries including manufacturing, telecommunications, transport and logistics, agriculture, construction and health.

Binti’s strengths include her ability to strategise and to achieve practical and cost effective solutions for her clients.  Binti is a skilled negotiator and advocate, and has appeared as counsel in the Supreme Court of Victoria, Federal Court of Australia and County Court of Victoria.

Binti’s specific experience includes:

  • successfully representing a German manufacturing company in the Victorian Court of Appeal against BHP in relation to a product liability claim;
  • representing a global transport and logistics company in proceedings instituted by a subsidiary of Australia Post involving a claim in restitution;
  • defending an application to set aside a Deed of Company Arrangement on behalf of the deed administrators;
  • representing one of Australia’s largest telecommunication service providers in proceedings involving breach of contract and misleading and deceptive conduct;
  • acting for the liquidators of Watersun Homes, a prominent Victorian home builder, in relation to all aspects of their appointment, including the prosecution of over 20 unfair preference claims and an insolvent trading claim against the directors (with the assistance of a litigation funder);
  • advising insolvency practitioners (including in the construction, banking and finance, retail, transport and hospitality industries) in relation to all aspects of their appointments including the sale of assets, assignment of claims, advice in relation to the Personal Property Securities Act 2009 (Cth) and court proceedings;
  • acting for investors in relation to a failed property development in Supreme Court proceedings involving misleading and deceptive contract and breach of trust;
  • acting for a private Victorian hospital in proceedings against a trauma surgeon for breach of contract;
  • advising individuals and companies facing insolvency on the options available to them;
  • acting for a local council in proceedings against a cleaning company involving breach of contract;
  • advising a leading global glass bottle manufacturer in relation to:
    • claims arising from the alleged wrongful termination of an agreement relating to a glass processing facility to be constructed in NSW; and
    • the insolvency of a Victorian waste glass recycling company;
  • appearing for the ATO in winding up and bankruptcy proceedings, and an appeal against a winding up order;
  • defending unfair preference claims on behalf of the ATO;
  • assisting a liquidator to investigate various related party transaction claims exceeding $3M, including the oral examination of the directors and former director (with litigation funding);
  • obtaining an urgent freezing order for the liquidator of a transport and logistic company against a shadow director, following the successful prosecution of claims involving insolvent trading and breach of duty;
  • advising a trustee in bankruptcy in relation to the realisation of real property encumbered by a compensation order under the Sentencing Act 1991(Vic);
  • providing advice to the liquidator of a construction company in relation to issues arising from his invalid appointment, and obtaining the appropriate court directions;
  • advising a trustee in bankruptcy in relation to the realisation of the bankrupt’s interest in real property as a one of four co-tenants;
  • advising Denmark’s credit export agency in relation to the enforcement of a bill of exchange against an Australian company; and
  • acting for a prominent insurer in relation to a claim involving alleged defective building works relating to a resort in Torquay.

Binti is co-chair of the Women in Insolvency and Restructuring Victoria (“WIRV”) advocacy sub-committee, which provides a forum to advocate for and empower women in the restructuring and insolvency industry. Binti is also a member of the WIRV committee of management.

Recent Posts

“No extension required” – In the matter of Antqip Hire Pty Ltd (in liq)

A winding up application made during a receivership

Clearing Away the Mud: Supreme Court clarifies Vesting of Disclaimed Property

Personal Experience

Binti is a skilled and experienced commercial litigation lawyer who specialises in insolvency and restructuring and commercial disputes.  Binti represents insolvency practitioners, company directors and clients operating in a range of industries including manufacturing, telecommunications, transport and logistics, agriculture, construction and health.

Binti’s strengths include her ability to strategise and to achieve practical and cost effective solutions for her clients.  Binti is a skilled negotiator and advocate, and has appeared as counsel in the Supreme Court of Victoria, Federal Court of Australia and County Court of Victoria.

Binti’s specific experience includes:

  • successfully representing a German manufacturing company in the Victorian Court of Appeal against BHP in relation to a product liability claim;
  • representing a global transport and logistics company in proceedings instituted by a subsidiary of Australia Post involving a claim in restitution;
  • defending an application to set aside a Deed of Company Arrangement on behalf of the deed administrators;
  • representing one of Australia’s largest telecommunication service providers in proceedings involving breach of contract and misleading and deceptive conduct;
  • acting for the liquidators of Watersun Homes, a prominent Victorian home builder, in relation to all aspects of their appointment, including the prosecution of over 20 unfair preference claims and an insolvent trading claim against the directors (with the assistance of a litigation funder);
  • advising insolvency practitioners (including in the construction, banking and finance, retail, transport and hospitality industries) in relation to all aspects of their appointments including the sale of assets, assignment of claims, advice in relation to the Personal Property Securities Act 2009 (Cth) and court proceedings;
  • acting for investors in relation to a failed property development in Supreme Court proceedings involving misleading and deceptive contract and breach of trust;
  • acting for a private Victorian hospital in proceedings against a trauma surgeon for breach of contract;
  • advising individuals and companies facing insolvency on the options available to them;
  • acting for a local council in proceedings against a cleaning company involving breach of contract;
  • advising a leading global glass bottle manufacturer in relation to:
    • claims arising from the alleged wrongful termination of an agreement relating to a glass processing facility to be constructed in NSW; and
    • the insolvency of a Victorian waste glass recycling company;
  • appearing for the ATO in winding up and bankruptcy proceedings, and an appeal against a winding up order;
  • defending unfair preference claims on behalf of the ATO;
  • assisting a liquidator to investigate various related party transaction claims exceeding $3M, including the oral examination of the directors and former director (with litigation funding);
  • obtaining an urgent freezing order for the liquidator of a transport and logistic company against a shadow director, following the successful prosecution of claims involving insolvent trading and breach of duty;
  • advising a trustee in bankruptcy in relation to the realisation of real property encumbered by a compensation order under the Sentencing Act 1991(Vic);
  • providing advice to the liquidator of a construction company in relation to issues arising from his invalid appointment, and obtaining the appropriate court directions;
  • advising a trustee in bankruptcy in relation to the realisation of the bankrupt’s interest in real property as a one of four co-tenants;
  • advising Denmark’s credit export agency in relation to the enforcement of a bill of exchange against an Australian company; and
  • acting for a prominent insurer in relation to a claim involving alleged defective building works relating to a resort in Torquay.

Binti is co-chair of the Women in Insolvency and Restructuring Victoria (“WIRV”) advocacy sub-committee, which provides a forum to advocate for and empower women in the restructuring and insolvency industry. Binti is also a member of the WIRV committee of management.

Binti Prasad

Partner / Principal

Melbourne


Education and Accreditation

  • Bachelor of Laws (Honours), University of Tasmania

Memberships and Associations

  • Member, Law Institute of Victoria
  • Member, Victorian Women Lawyers

Recent Posts

“No extension required” – In the matter of Antqip Hire Pty Ltd (in liq)

A winding up application made during a receivership

Third party funds and a company’s solvency