Kristy Zander

Project Highlights

Cargill v Viterra

Representing a multinational agribusiness in appeal proceedings in the Court of Appeal of the Supreme Court of Victoria concerning the costs of a trial where judgment was given for AU$293 million arising from the sale of a subsidiary.

Supplier Dispute

Acting for a Bank in relation to a dispute with a supplier.

New York Arbitration

Advised an Australian company in relation to a New York seated arbitration brought against it by a former contractor.

Platinum Partners Feeder Funds

Represented the liquidators of the Platinum Partners Value Arbitrage Feeder Funds including investigations and litigation in the United States and Cayman Islands. The Feeder Funds collapsed in 2016 owing nearly US$500 million to investors.

Galleria (Hong Kong) Limited

Represented the court appointed liquidators of Galleria (Hong Kong) Limited including investigations and litigation in Hong Kong and the United States over the collapse of the Galleria group of companies following revelations of fraud by the Group’s directors.

The Kingate Funds

Represented the court appointed liquidators of the Kingate Funds, the second largest of the Madoff “feeder funds”, including investigations and litigation in Bermuda and the United States in relation to the audit of the Kingate Funds.

Carlyle Capital Corporation

Represented the liquidators of Carlyle Capital Corporation, a Guernsey company listed on Euronext, including investigations and litigation in Guernsey and the United States over the collapse of a US$22 billion hedge fund. Litigation included anti-anti-suit proceedings in the Guernsey Court of Appeal in relation to a forum dispute.

New Cap Reinsurance Corporation Limited

Represented the liquidator on a complex cross-border application for enforcement of an US$8 million Australian preference judgment that was ultimately successful in the UK Supreme Court ([2012] UKSC 46). This case resolved some important questions regarding the principle of universalism in cross-border insolvency.

UBS AG (London Branch) & Anor v Kommunale Wasserwerke Leipzig GMBH

Part of the legal team representing UBS in claims worth several hundred million US dollars in the English High Court against a German utilities company concerning synthetic CDOs and related credit default swaps ([2014] EWHC 3615).

Bond Corporation

Represented the liquidators of Southern Equities Corporation Limited (formerly Bond Corporation Holdings Limited), in investigations and litigation around the world, including actions against former auditors, directors and advisers, in Australia, England, the United States, Canada, Jersey, the Bahamas and Switzerland.

Harris Scarfe Limited

Part of the legal team that represented the receiver of Harris Scarfe, one of Australia’s largest retailers, and its banker in long-running multi-million dollar litigation against the company’s auditors.

HIH Royal Commission

Retained by the Australian Government in the Royal Commission inquiry into the collapse of the HIH Insurance Group, one of Australia’s largest corporate failures. LK played an important role in the investigation, preparation and presentation of evidence and legal advice to the Royal Commissioner, Justice Neville Owen of the Supreme Court of Western Australia.

LK was extensively involved in the production of the submissions of Counsel Assisting, which formed the foundation of the Royal Commission’s report, and which included significant recommendations in respect of future civil and criminal actions and policy recommendations regarding corporate governance and the Australian insurance industry.

Publications

Interaction between secured creditors’ set-off rights and priority employee claims in Australia

Highlight Article, INSOL Restructuring Alert (2025 Issue No. 9), Kristy Zander and Allie Umoff (September 2025)

Mediation in a cross-border restructuring and insolvency context

Highlight Article, INSOL Restructuring Alert (2025 Issue No. 2), Kristy Zander and Allie Umoff (February 2025)

ASIC Secures Landmark Victory Against Greenwashing: Vanguard Admits Misleading Practices

LK Insights (April 2024)

Enforcement of Foreign Insolvency-Related Monetary Judgments in Australia

Highlight Article, INSOL Restructuring Alert (2024 Issue No. 2), Kristy Zander and Allie Umoff (February 2024)

Recognition of a Foreign Insolvency Process and Enforcement of Insolvency-Related Judgments (Australia)

Thomson Reuters Practical Law Practice Note, Kristy Zander and Sean Pettingill (June 2023)

Application of the Public Policy Exception in the UNCITRAL Model Law on Cross-Border Insolvency: Issues and Challenges

INSOL International Technical Paper Series No. 54 (December 2022)

Speaking Engagements

Aligning business rescue and transition with global sustainability – ESG in restructuring

INSOL Conference, Tokyo (panelist) (September 2023)

Embracing Diversity of Thought and Dealing with Conflict in the Workplace as Inhouse Counsel

Association of Corporate Counsel Snapshot Breakfast (panelist) (June 2023)

About the law and social conscience

Flinders University of South Australia, Expect More of the Law Podcast (March 2023)

Managing people in large and complex arbitrations

ACICA45 (panelist) (September 2022)

FACCI Executive Women’s Series

(panelist) (March 2022)

Arbitration and Dispute Resolution in the Space Sector

Australian Arbitration Week (moderator) (October 2021)

Directors duties and financial distress

Association of Corporate Counsel South Australian In-house Day (panelist) (March 2021)

Recent developments shaping contemporary aspects of directors’ duties

Association of Corporate Counsel In-house National Virtual Conference (panelist) (November 2020)