Mr Richard Johnson
B.Bus (2002), LLB (Hons) (2002), LLM (2009)
Lecturer (Sessional
)


Email: Richard.Johnson@nd.edu.au
Phone: 9433 0720

Principal areas of practice

  • Restructuring & insolvency
  • Creditors' rights & obligations
  • Informal workouts and asset realisations
  • Asset acquisitions and divestments
  • Commercial agreements and drafting
  • Corporate governance and directors' duties

Professional work experience

Richard is a Senior Associate in Minter Ellison's Restructuring and Insolvency team.  Since joining the Restructuring and Insolvency team in 2003, Richard has specialised in corporate insolvency law.  Richard has particular expertise in restructuring, creditors' rights and obligations, security issues, informal workouts, asset realisations, corporate governance and directors' duties.  He regularly acts for Australia's leading insolvency practitioners in relation to all aspects of insolvency administration and for major financial institutions in relation to security and enforcement issues and the rights and obligations arising during the course of formal insolvency administrations and informal workouts.  Richard also acts for the directors, creditors and stakeholders of insolvent companies in relation to their rights and duties in the distressed context. 

In addition to his insolvency practice, Richard has particular expertise in drafting and negotiating business and asset sale agreements and other commercial agreements.  As a result, Richard is particularly well qualified to act for parties proposing to purchase assets or businesses that are owned by insolvent, or near insolvent, companies.

Richard's clients include National Australia Bank Limited, Commonwealth Bank of Australia, BankWest, Westpac Banking Corporation, ANZ, St George Bank Limited, Deloitte, Ferrier Hodgson, KordaMentha, McGrathNicol, PPB, Pitcher Partners, Ernst & Young, KPMG, Taylor Woodings and Moore Stephens.

Richard has published a number of refereed papers in relation to insolvency and restructuring issues, and completed the Advanced Insolvency Education Program, conducted by the Insolvency Practitioners Association of Australia, with distinction in 2005.  Richard has completed a Master of Laws (with an emphasis on corporate law) and is currently completing a Graduate Diploma in Applied Corporate Governance.  Richard graduated as the 'Dux for Western Australia' in the Chartered Secretaries’ Corporate Governance course for semester 2, 2009.

Richard is an active member of several professional associations and specialist committees, including the Law Society of WA, the Business Law Section of the Law Council of Australia, Chartered Secretaries Australia and the Insolvency Practitioners Association of Australia.  Richard also sits on the Law Council of Australia’s Insolvency and Reconstruction Committee (Perth branch) and is the Unit Co-ordinator for the Insolvency Law program (LW312/512) at the University of Notre Dame Australia.  Richard is also currently engaged by the University of Notre Dame Australia as a supervisor for an Honours' student engaged on a thesis in relation to proposed reforms of Australia's insolvent trading laws.

Richard was appointed as an Adjunct Senior Lecturer in June 2010.  The adjunct appointment was awarded to Richard in recognition of his standing in the field of corporate insolvency and on the basis that his association with the University will contribute to the University's teaching, research and professional activities.

Professional activities

  • Member of the Insolvency & Reconstruction Law Specialist Committee (Law Council of Australia).
  • Member of the Insolvency Practitioners Association of Australia (IPA).
  • Member of INSOL International.
  • Member of the Law Society of Western Australia.
  • Member of the Business Law Section of the Law Council of Australia.
  • Member of Chartered Secretaries Australia.

Academic appointments

Richard was appointed as an Adjunct Senior Lecturer by the University of Notre Dame Australia on 28 June 2010.
Richard is the Unit Co-ordinator for 'LW312/512 - Insolvency Law' at the University of Notre Dame Australia (since 2009) and received a 'Law School Letter of Merit' in 2009 for commendatory teaching performance in 'LW312/512.
Richard is also an Honours Supervisor at Notre Dame.

Publications

'The power of the Court to give directions to a liquidator – plagued by uncertainty?' (2005) 13 (4) Insolv LJ 213. 
'Taking Security Over Book Debts – The position in Australian Law' (2006) 14 (4) Insolv LJ 213. 
'Personal liability…limited!  Minter Ellison client alert in relation to the power conferred on the Court by section 447A of the Corporations Act 2001 (Cth), 6 November 2008http://www.minterellison.com/public/connect/Internet/Home/Legal+Insights/Alerts/NA-Personal+liability+limited