Senior Associates

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Linda Widdup

B.A. (Hons) JD (Senior Associate)

Phone: +61 8 9221 0033
Email: lwiddup@mphlawyers.com.au
Legal Assistant: Leanne Jensen
Email: ljensen@mphlawyers.com.au

Linda holds a Bachelor of Arts (Honours) and a Juris Doctor (with distinction) from the University of Saskatchewan in Canada.

Throughout her career, Linda has practiced across a wide-range of commercial law areas, but with a specific emphasis on commercial finance, secured transactions, front-end restructuring of distressed companies and general contract work primarily in the financial services, mining and agri-business sectors.  
 
Linda is a specialist on the Personal Property Securities Act 2009 (Cth) (PPSA), and is uniquely placed to provide clear and concise advice on the PPSA having gained extensive PPSA experience in both Canada and New Zealand, the legislative models upon which the Australian legislation is based.

In addition to developing her PPSA expertise by advising on a wide-variety of  issues as they arise in her commercial and insolvency practice, Linda has written and researched extensively in this area. She has authored several publications concerning the PPSA's impact on commercial transactions and insolvency situations. These publications include her book The Personal Property Securities Act: Concepts in Practice (published by LexisNexis and now in its fourth edition) as well as several articles in peer-reviewed legal journals. For full list of publications and seminars please click here 

Linda's experience includes:

Personal Property Securities Act

- Providing advices on the application of the Act on all manner of issues.
- Acting as junior barrister in the Court of Appeal of Western Australia for the respondent receivers in a dispute arising in the liquidation of a major engineering and contracting company.
- Providing expert evidence on the Act on behalf of the administrators of an insolvent company for an appeal in the Supreme Court of New South Wales.
- Advising the solicitors engaged by the administrator of legal professional indemnity insurance in relation to a claim against solicitors for negligence in dealing with an issue under the Act.
- Advising a receiver on the application of the Act on a priority dispute over equipment of an insolvent company.
- Acting for a major oil and gas company in reviewing documents governing a joint venture project to identify the effect of the Act on the project.

Commercial lending, insolvency and restructuring

- Acting for borrowers and lenders in negotiating and drafting credit facilities and security documentation for commercial lending transactions and project finance.
- Acting for a mining company in respect of a multi-million dollar syndicated credit facility for its global operations and security over its mining assets, and also acting in subsequent re-financings.
- Acting for an agribusiness borrower with international production facilities in restructuring its credit facilities, including drafting a plan of arrangement and advising on a court-supervised reorganisation of the borrower’s business structure and sale of business units.
- Acting for a commercial real estate developer in restructuring its debt including drafting a plan of arrangement and sale documents in respect of properties and securitised mortgages.
- Acting for the senior secured lender in restructuring the debt of a major agriculture operation with international facilities, including resolving significant priority disputes between lenders and negotiating a comprehensive restructuring.

Commercial contracts

- Drafting and reviewing requests for proposal, supply and services agreements and construction contracts in relation to various projects undertaken by a mining client.
- Advising a mining company on its rights and obligations under its marketing contracts and its interests in ports and transportation facilities.
- Advising a mining company on the engineering, procurement and consulting agreement for a shaft sinking project.
- Advising a mining company on changes to its joint venture and operating agreements for several of its exploration, development and mining projects.

Acquisitions

- Acting for a major agribusiness company in the acquisition of a grain processing facility.
- Acting for a specialty aviation company in acquisitions of a helicopter charter business and a fixed-wing aircraft charter business.
- Acting for a foreign polythene products manufacturer in respect of the acquisition of a local polythene films plant.