Energy & Resources
The Australian energy sector is undergoing significant restructuring, which has led to a number of insolvencies.
Our Balance of Payments at a Federal level is dominated by our mining exports. The current energy crisis dominated by Russia’s Ukraine war and the global move to reduce greenhouse emissions has the potential to change Australia’s mining and energy generation.
The demand for solar power will mean significant government investment to the energy grid to realign our power generation and energy distribution footprint.
Key Challenges
- The Chinese construction industry is in turmoil impacting the demand for iron ore and steel. China is also making policy decisions to decrease its reliance on Australian commodities. In the coal sector a number of coal producers have already earmarked mines for closure by 2030 as our own coal fired power plants become obsolete.
- Exports are anticipated to continue accounting for a high proportion of division revenue over the next five years, mainly due to further increases in natural gas and iron ore exports, as foreign demand and production capacity expansions for a range of mineral commodities will continue to influence the sector’s performance over the next five years. Additionally, Australia has signed free agreements (FTAs) with both the UK and India in late 2021, which are due to come into force in early 2023. Both India and the UK represent significant export markets for Australian firms and FTAs, and both countries are anticipated to boost Australian export activity.
- The new Climate Change Act will drive demand for more renewables in an environment where there has been little investment in the past 10 years.
Our Experience
The energy and resources sector takes into account both mining an energy generation and all the associated industries.
Olvera completed the restructure and transformation of a number of projects in the mining sector including mine closure planning and determination of rehabilitation costs for financial reporting.
Kate Barnet is an independent director of Gold Hydrogen Limited an ASX listed company focused on new technologies in the extraction of clean hydrogen.
Key Insight
Case Studies
Olvera principals were appointed as Voluntary Administrators and subsequently Liquidators of a Mining Company (formerly ASX listed)
with operations/investments across multiple jurisdictions including Africa, UK, Europe and North America. Olvera Advisors sought to extract value for stakeholders from the assets of the Company. Olvera Advisors have undertaken a:
- Financial Assessment of the historical trading performance of the Company;
- Operational Review of director and management performance;
- Divestment/Realisation Strategy, including a successful International Sales Campaign to divest a wholly owned subsidiary undertaking mining operations in Europe. Such strategy in part provides for a staged performance based recovery;
- Statutory Recovery Strategy, including a material claim into an External Administration of its mining operation in Africa;
- Statutory Recovery of an uncommercial transaction;
The liquidation is ongoing and remains in a monitoring phase as to the outcome of implemented realisation and recovery strategies.
OUR CLIENT
Kimberly Diamonds
JOB TYPE
Strategy Execution
DATE
September 2021
Practitioner
Olvera Advisors were engaged by a hedge fund out of Hong Kong to assist with the realisation of a significant commercial loan that was in default.
Wija leased vacant land site in Chatswood that had a 99-year term. The Development Application on the land stipulated that it was to construct a 10 storey mixed residential/commercial complex within a specified timeframe.
Unfortunately, Wija did not commence the project within the time frame and consequently a breach notice was issued by the respective local Council which gave the secured creditor 6 months to rectify. Before the notice period expired, Olvera Advisors were Appointed as receivers. As receivers, we disputed the right to terminate the lease. In particular, we consider that the lessor was not allowed to terminate without giving the secured creditor 6 months to rectify the breach. To rectify the issues, we commenced proceedings seeking from the court for relief against Forfeiture and the leaseback and damages.
After nearly 12 months of legal proceedings, both sides are irresolute in the stance. All offers made by PAT to settle (including significant compensation) are rejected by the lessor.
Receivers receive an unsolicited offer from an interested party offering to purchase the property for a significant sum with the intention of building out the existing DA.
Olvera Advisors as receivers then entered into put and call option with the interested party and were able to resolve litigation at the mediation and sell the lease and generating a significant return to the secured creditor.
OUR CLIENT
Solargex
JOB TYPE
Strategy Execution
DATE
September 2021
Practitioner
Kate Barnet
Kate develops strategic solutions for groups dealing in crisis management and/or distress investment. She has over 30 years of experience working with distressed companies in the financial assessment, recoverability, and sustainability of risk assets.
MEET OUR TEAM
Olvera Advisors
PRINCIPAL
Kate Barnet is a recognised leader in the insolvency and reconstruction industry.
PRINCIPAL
PRINCIPAL
Mirzan has in excess of 13 years of experience across restructuring and turnaround, corporate finance, mergers and acquisitions and corporate banking in Australia and in Singapore
PRINCIPAL
Michael offers Olvera Advisors over two decades of international restructuring expertise, adept at innovatively supporting diverse businesses, from small firms to listed companies.
PRINCIPAL
Tony contributes 15 years of insolvency experience to Olvera Advisors, with diverse industry expertise and a unique background in ASIC’s Enforcement Division.
PRINCIPAL
Neil Cussen, a leading authority in insolvency and reconstruction, offers 35 years of experience, excelling in asset tracing, business recovery, and cross-border insolvencies.
PRINCIPAL
Robyn’s inclusion in the Olvera team brings an added 15 years of expertise in corporate reconstruction, insolvency, and forensics.