Sarah Hendry
Special Counsel
Areas of Expertise

Litigation & Dispute Resolution, Restructuring & Insolvency, Corporate & Advisory, Insurance

Sarah is an experienced lawyer who specialises in commercial litigation and dispute resolution. She has significant experience and a strong interest in corporate and personal insolvency disputes, professional indemnity insurance litigation and debt recovery.

Sarah regularly advises clients in relation to complex commercial disputes, including contractual disputes between business partners and shareholders. She also regularly acts for insolvency practitioners and individuals in relation to all aspects of corporate and personal insolvency, including bankruptcy notices and creditor’s petitions, voidable transactions, breaches of directors’ duties, disputes involving resulting trusts and constructive trusts, and the doctrine of exoneration. She also acts for insurers in relation to large and complex professional indemnity insurance litigation, and assists small and large enterprises recover unpaid debts.

Following her admission in 2013, Sarah was the Deputy Associate to the Honourable Judge Nicholls of the Federal Circuit Court of Australia, where she gained invaluable insight into the expectations of the Court and how it operates “behind the scenes”.

What others say

"Recommended Lawyer, Commercial Litigation, Dispute Resolution & Insolvency"
Doyle's Guide 2023

Experience

Bankruptcy trustees

Acting for bankruptcy trustees in proceedings commenced by a bankrupt’s mother-in-law seeking declarations that the trustees’ interest in real property was held for her on resulting trust. The trustees were successful in defeating the applicant’s claim and were awarded indemnity costs in their favour.

Liquidator advice

Advising and acting for a liquidator in relation to the public examination of numerous directors and key staff members arising from the collapse of a controversial building company in the ACT in 2020. Following the examination, proceedings were commenced against the directors of the company for breaching their directors’ duties and seeking the recovery property under Part 5.7B of the Corporations Act 2001 (Cth).

Insurer indemnity advice

Acting for a professional indemnity insurer in complex proceedings concerning a lawyer’s alleged negligence in signing a binding financial agreement under s 90C of the Family Law Act 1975 (Cth). The proceedings resolved shortly after mediation on terms favourable to the insurer.

Complex bankruptcy

Acting for a large Commonwealth Government Agency in relation to a complex bankruptcy and securing a strong return to the Commonwealth.

Alleged contract breach

Acting for a high net worth individual (and his companies) in defence of a breach of contract and misleading and deceptive conduct claim exceeding $142 million.