In-house Recovery and Insolvency Litigation Lawyer

Kanji & Co is an in-house legal team, comprising 11 lawyers and 2 paralegals, providing legal services to a large, privately owned group of companies with interests in a number of industries including building materials, mining, healthcare, technology and property development. The group operates across Australia and New Zealand, with interests also in the USA, Asia and Europe.

We are looking for a commercial litigation Associate or Senior Associate, with more than 3 years of post-admission commercial litigation, debt recovery and insolvency experience.

The role is, preferably, 5 days and allows for one day working from home. We will consider hiring on a part-time basis for the right candidate.

The role relates primarily to recovering trade credit debts, which are generally secured by the PPSA and an equitable charge over real property. The workload also includes defending unfair preference payment claims made by insolvency practitioners, some general commercial litigation and advising the group with respect to security, insolvency and credit issues.

Kanji & Co acts in all Australian jurisdictions.

The Recovery and Insolvency team comprises 2 Senior Associates and 2 paralegals. In addition, the legal team includes a senior general commercial litigator.

We offer:

• a competitive salary package;
• no time sheets (except for litigated matters for costs order purposes);
• no business development;
• a supportive and friendly working environment;
• the opportunity to be a part of a growing, diverse group of companies with direct access to the directors; and
• a well-appointed office in a prime Sydney CBD location.

Key Responsibilities

• You will have carriage of numerous debt recovery matters, with the assistance of the paralegals, opportunity to collaborate with the Senior Associates and, where required, the supervision of the Senior Associates.
• Obtaining instructions from the group's National Credit Manager, the numerous credit contacts of the group and the company directors.
• Advising clients on the debt recovery process, whether recovery action is commercial, the likely prospects of success, equitable principles, insolvency law and privacy legislation.
• Drafting claims, defences, affidavits, various motions and applications including for enforcement action, Bankruptcy Notices, Creditor's Petitions, wind up applications, and other Court documents.
• Drafting deeds of settlement and various pieces of correspondence.
• Preparing caveats and withdrawals of caveats on PEXA, participating in property and finance settlements.
• Negotiating the resolution of claims.
• Preparing for, and appearing at, Court for administrative mentions, simple contested matters, Creditor's Petitions and wind up hearings.
• Preparing evidence and preparing for trials.
• Briefing and liaising with Counsel.
• Assisting the Head of Litigation on general commercial litigation matters.

Matter Management Expectations

Applicants would be expected to:

• run matters in an autonomous way, but with support;
• have full matter responsibility;
• have sound commercial judgment;
• have good people skills in respect of clients, other parties and the rest of the in-house team;
• preferably handle matters across all Australian jurisdictions;
• provide comprehensive and effective advice to the clients on the best outcome for the clients;
• assist the client to avoid disputes;
• gain commercial knowledge of the firm's clients; and
• build strong relationships with operational people within the firm's clients.

What We Are Looking For

• knowledge of debt recovery, insolvency, credit, privacy, voidable transactions, PPSA, equitable interests, caveats, priorities and general commercial litigation;
• knowledge of debt recovery procedures, preferably across all Australian jurisdictions;
• sound drafting skills;
• knowledge of e-filing procedures, preferably across all Australian jurisdictions;
• experience using PEXA;
• analytical and strategic thinking for problem solving;
• excellent communication skills;
• ability to work directly with clients;
• ability to work independently and take responsibility when required;
• good at prioritising;
• attention to detail; and
• research skills.