Holly Lam

Reader - 2023

Background

Holly Lam was called to the Bar in 2023 after over a decade as a litigator (in private practice and in-house) specializing in commercial and corporations law; insolvency; construction disputes; and misleading and deceptive conduct claims.

Prior to being called to the Bar, Holly was a specialist Dispute Resolution and Regulatory Engagement Senior Legal Counsel at AMP Capital (now Dexus) after practicing as a Senior Associate at HWL Ebsworth Lawyers in commercial litigation and insolvency.

Holly has acted for financial institutions, businesses, directors, shareholders and insolvency practitioners in proceedings in the Federal Court of Australia and Supreme Court of New South Wales particularly in relation to Corporations Act 2001 matters including voidable transactions, breach of directors’ duties and fiduciary duties, oppression of the minority claims and liquidators’ examinations.

Holly also advises and appears in construction disputes; breach of contract claims; and misleading and deceptive conduct matters; and has previously been involved in the Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry as well as the Royal Commission into Aged Care Quality and Safety.

As a specialist litigator at AMP Capital/Dexus, Holly provided strategic and commercial legal advice on actual and potential disputes, class actions, complex claims, litigation and regulatory engagement globally arising out of funds management, commercial and mixed use real estate, infrastructure and financial products. Holly managed all major disputes and litigation and assisted in the identification, assessment and management of conflicts and business risks.

Holly has previously been the Vice President & NSW Director on the Board of Australian Women Lawyers (2019 – 2022), a Committee Member of the Law Council of Australia’s Equal Opportunity Committee (2022) and President of the Women Lawyers’ Association of NSW (2017-2018).

Matters Holly has acted in include:

  • Acting and appearing for insolvency practitioners in relation to voidable transactions; insolvent trading; breach of director’s duties and fiduciary duties; oppressive conduct; and liquidators’ examinations
  • Advising and acting for directors in insolvency proceedings resulting from a complex property development partnership dispute
  • Acting for creditors in insolvency matters, including bringing winding up proceedings
  • Bringing and running an oppression of the minority claim including interlocutory applications for urgent injunctive relief
  • Claims against builders and contractors for building defects and liquidated damages
  • Building and Construction Industry Security of Payment Act 1999 (SOPA) claims
  • Advising in relation to various issues arising from infrastructure projects including wind farms, student accommodation; power plants, green energy start-ups and fibre optic networks
  • Advising principal contractors in relation to major infrastructure works and Public Private Partnership projects
  • Advising local councils in relation to the insolvency of contractors during construction of public projects
  • Acting in claims against consultants, agents and others for misrepresentations, misleading and deceptive conduct and breach of contract
  • Defending against misleading and deceptive conduct claims
  • Acting for the Official Trustee in Bankruptcy in relation to the administration of assets pursuant to the Proceeds of Crime Act 2002
  • Advising and appearing for trustees in bankruptcy in the Family Court of Australia in relation to applications for financial orders and Section 79A applications
  • Responding to regulatory notices seeking information in relation to conflicted remuneration, stamp duty, cartel conduct and other requests

Qualifications/Education
Called to the NSW Bar: 28 August 2023
Admission: 12 February 2010, Supreme Court of NSW
Entered in the High Court of Australia’s Register of Practitioners
ARITA Advanced Certificate in Insolvency (2020)
Graduate Diploma of Legal Practice, College of Law (2009)
Bachelor of Laws, University of New South Wales (2008)
Bachelor of Business/Bachelor of Arts in International Studies, University of Technology, Sydney (2005)

Key Expertise/Focus Areas
Commercial Litigation
Dispute Resolution
Corporations Law
Insolvency and Restructuring
Building, Construction and Infrastructure

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