Related services and key industries
Biography
Noel McCoy is a restructuring and insolvency lawyer based in Sydney.
Since 2001, Noel has worked extensively in contentious and non-contentious financial restructuring, reorganisation and insolvency matters. He services financial services and government clients.
A Fellow of INSOL International, Noel has acted in significant cross-border restructuring and insolvency engagements including Saad Investments, Centaur Litigation Group, Caledonian Bank and Australian Shopping Network. He has regularly represented local and foreign liquidators in conducting Australian and cross border investigations and claims. He also has extensive experience in international judgment enforcement and offshore asset recovery.
Noel currently advises a variety of Commonwealth and NSW government agencies on their financial commitments and exposures. He has advised and represented the Commonwealth Department of Employment Education and Workplace Relations (FEG Recovery Program), the Department of Industry, the Department of Defence, and a variety of NSW Government Departments and agencies where restructuring and insolvency issues have arisen in their service delivery and policy administration functions. Noel has worked inside government as a senior legal policy adviser to the NSW Attorney General and as an adviser to the Federal Communications Minister.
Professional experience
Collapse all- INSOL International, Global Insolvency Practice Course (Hons.) (Fellowship course), 2018
- University of Southern Queensland, Diploma of Advanced Insolvency Law (ARITA Advanced Certification), 2005
- University of Techonolgy, Sydney, Bachelor of Business (Major in Finance), Bachelor of Laws (Hons.), 2000
- High Court of Australia 2002
- Supreme Court of New South Wales 2001
- Preserving Claims for Voidable Transactions (2023) 35(3) ARITA J 4
- Lessors' Priority in External Administration and the Virgin Australia Administration (2023) 31 Insolv LJ 142
- High Court of Australia Decision in the Virgin Australia Administration: A World First under the Cape Town Convention and Aircraft Protocol, International Corporate Rescue (2022) Vol 19, Issue 4
- Directors' guide to avoiding personal liability in circumstances of a company's financial distress or possible insolvency, 29 April 2022
- Evidence gathering in relation to transaction avoidance in an insolvency (with Stephanie Wilkins of counsel), South Square Digest, Special Edition in Collaboration with INSOL International, April 2022
- Understanding the 'Better Outcome Test' in s588GA of the Corporations Act, Australian Restructuring Insolvency & Turnaround Association Journal, September 2019
- The Singularis Work-around? Overcoming Limitations to the Common Law Power of Assistance for Foreign Insolvency Investigations, International Corporate Rescue, Volume 16, Issue 4, 2019
- Will Singapore become an international centre of debt restructuring? A comparative analysis of Singapore's bold insolvency reforms, INSOL International Special Report, November 2018
- Tracing Assets in Asia Pacific: A Comparative Analysis of the Availability of Norwich Pharmacal Orders in Australia, Hong Kong and Singapore, International Corporate Rescue, Vol 15, Issue 3, 2018
- In Defence of Restructuring, Insolvency and Turnaround Professionals, Australian Restructuring Insolvency & Turnaround Association Journal, September 2017
- Australian Insolvency Law Reforms: Innovation and Rehabilitation, International Corporate Rescue, Vol 14, Issue 5, 2017
- Piercing Legal Professional Privilege to Access Documents Created to Defeat Claims of Creditors, Insolvency Law Journal, Volume 25, Part 3, 2017
- First Appellate Decision in Australia on UNCITRAL Model Law on Cross-Border Insolvency: A Warning to Foreign Investors and Liquidators, International Corporate Rescue, Volume 11, Issue 5, 2014
- Receiver's Duties in disposing of assets: s420A of the Corporations Act, Insolvency Law Bulletin, Volume 7, Issues 1 & 2 (August & September), 2006
- INSOL Focus Webinar, Navigating cross-border insolvencies - the Court’s jurisdiction to wind-up entities and provide assistance to officeholders (2023)
- ARITA Expert Series Webinar, Best practice voidable transactions processes (2022)
- Norton Rose Fulbright NSW Government Webinar: Spotlight on counter party risk (2022)
- The Ross Parsons Centre (University of Sydney) panel, Company Directors Navigating Troubled Waters (2022)
- ARITA Online Forum, Administrator liability: new obligations and risks when continuing to trade in voluntary administration (2021)
- American Bankruptcy Institute International Insolvency Forum, One Year into COVID-19: What Are the Implications for Restructurings Around the Globe in 2021? (2020)
- Traill + Associates 7th Annual National Practical Bankruptcy Congress, ‘Outbound’ Recovery of Overseas Assets (2019)
- Cross Border Insolvency, guest Lectures for Sydney University post-graduate and undergraduate Insolvency Law courses (2016, 2017).
- Insolvency and restructuring law reform in Spain, Webinar for Sydney University with Professor Jason Harris and Dr Zofia Bednarz.
- Reforms to prevent misuse of the FEG scheme, Australian Restructuring Insolvency &Turnaround Association Sydney Forum (2019).
- Fellow of INSOL International
- Fellow of Australian Restructuring Insolvency and Turnaround Association
- English
- Spanish