Amanda Kim Banton (born 26 July 1970) is an Australian lawyer who specialises in corporate litigation, particularly matters involving complex financial instruments and insolvency based disputes. Until March 2020 she was a partner in the Sydney office of global business law firm
Squire Patton Boggs
Squire Patton Boggs is an international law firm with over 40 offices in 20 countries. It was formed in 2014 by the merger of multinational law firm Squire Sanders with Washington, D.C.–based Patton Boggs. It is one of the largest law firms in ...
.
Banton is the currently the Managing Partner of Banton Group, a firm she established in 2020. Banton Group specializes in large commercial dispute resolution, class actions, restructuring and insolvency litigation and advisory matters.
Banton is best known for successfully representing a range of religious organisations, charities and local government authorities seeking redress for losses suffered after they purchased "toxic" financial products created and sold by various financial institutions, including
Lehman Brothers
Lehman Brothers Inc. ( ) was an American global financial services firm founded in 1850. Before filing for bankruptcy in 2008, Lehman was the fourth-largest investment bank in the United States (behind Goldman Sachs, Morgan Stanley, and Merril ...
and
ABN Amro. She is also the first and only lawyer to successfully win judgement against a ratings agency (
Standard & Poor's
S&P Global Ratings (previously Standard & Poor's and informally known as S&P) is an American credit rating agency (CRA) and a division of S&P Global that publishes financial research and analysis on stocks, bonds, and commodities. S&P is co ...
) for misrating such products as AAA.
Between October 2014 and March 2016 Banton filed a number of further class actions against Standard & Poor's alleging misleading and deceptive conduct and negligence by S&P. Those claims were amended in October 2017 to allege deceit against S&P. Those matters were settled in May 2018 for $215 million. The Court approved the settlement in August 2018.
In 2014 Banton also filed a class action lawsuit against another ratings firm,
Fitch Ratings
Fitch Ratings Inc. is an American credit rating agency. It is one of the three nationally recognized statistical rating organizations (NRSRO) designated by the U.S. Securities and Exchange Commission and is considered as being one of the " Bi ...
, alleging that the firm "had engaged in
misleading or deceptive conduct
Misleading or deceptive conduct (often referred to as just misleading conduct) is a doctrine of Australian law.
Section 18 of the '' Australian Consumer Law'',''Competition and Consumer Act'' 2010 (CthSchedule 2, The Australian Consumer Law whic ...
and was
negligence
Negligence ( Lat. ''negligentia'') is a failure to exercise appropriate care expected to be exercised in similar circumstances.
Within the scope of tort law, negligence pertains to harm caused by the violation of a duty of care through a neg ...
in giving
AAA and AA ratings to certain
collateralized debt obligation
A collateralized debt obligation (CDO) is a type of structured finance, structured asset-backed security (ABS). Originally developed as instruments for the corporate debt markets, after 2002 CDOs became vehicles for refinancing Mortgage-backed se ...
s known as Palladin AAA and Palladin AA."
Fitch settled pre-trial in September 2019 for AU$27 million, representing the recovery of about 95% of the losses incurred by the plaintiffs, and is believed to be (in percentage terms), one of the largest settlements achieved pre-trial in Australia.
Amanda's practice encompasses a broad range of corporate and commercial litigation matters, with a particular emphasis on matters relating to the Corporations Act, insolvency, state and federal trade practices legislation, negligence and contractual disputes.
Amanda acted for the Dr and Mrs Dyczynski in a case which arose for the shooting down of
MH17
Malaysia Airlines Flight 17 (MH17/MAS17) was a scheduled passenger flight from Amsterdam to Kuala Lumpur that was shot down by Russian-backed forces with a Buk 9M38 surface-to-air missile on 17 July 2014, while flying over eastern Ukraine. A ...
. The Full Federal Court has upheld the appeal brought by Dr and Mrs Dyczynski, the parents who lost their daughter on board the MH17 Malaysian Airlines crash, against their exclusion from a class action settlement brought by LHD Lawyers on behalf of family members of victims of the crash.
In the Australasian Law Awards 2021, Banton was awarded an Excellence Award in the Law Firm Leader of the Year and Banton Group was awarded an Excellence Award in the Law Firm of the Year.
Biography
Banton completed bachelor's degrees in Commerce and Law at the
University of Adelaide
The University of Adelaide is a public university, public research university based in Adelaide, South Australia. Established in 1874, it is the third-oldest university in Australia. Its main campus in the Adelaide city centre includes many Sa ...
in 2002. (B.Comm, LLB).
Banton commenced her legal career at
Piper Alderman in 2002 where she practiced in corporate litigation and restructuring & insolvency. She was appointed Partner in 2007. In 2015 Banton and a team of 11 lawyers plus support staff left the firm and joined Squire Patton Boggs.
Banton is admitted to practice in the
Supreme Court of New South Wales
The Supreme Court of New South Wales is the highest state court of the Australian States and territories of Australia, State of New South Wales. It has unlimited jurisdiction within the state in civil law (common law), civil matters, and hears ...
, the
Supreme Court of Queensland
The Supreme Court of Queensland is the highest court in the Australian State of Queensland. It was formerly the Brisbane Supreme Court, in the colony of Queensland.
The original jurisdiction of the Supreme Court allows its trial division to ...
and the
High Court of Australia
The High Court of Australia is the apex court of the Australian legal system. It exercises original and appellate jurisdiction on matters specified in the Constitution of Australia and supplementary legislation.
The High Court was establi ...
.
In 2000 Banton worked at
KPMG Consulting
KPMG is a multinational professional services network, based in London, United Kingdom. As one of the Big Four accounting firms, along with Ernst & Young (EY), Deloitte, and PwC. KPMG is a network of firms in 145 countries with 275,288 employe ...
(Later BearingPoint) in the Public Sector Consulting Group.
She advised on a range of projects including process reengineering, change management and performance improvement and reporting.
Between approximately 1992 and 2000 she worked for the Commonwealth Government. Banton's roles included being a senior officer with responsibilities in respect of the education budget at the Department of Finance
and senior roles at a statutory organisation engaged pursuant to the Commonwealth's purchaser provider framework. Banton's role at the statutory organisation included developing the performance framework and reporting processes for the provider contract.
Awards
*2021 Excellence Award in Australasia Law Awards - Law Firm Leader of the Year
*2020 Elite Leading Lawyer in Dispute Resolution - Class Actions
*2020 Lawyers Weekly - Partner of the Year Awards - Finalist - Dispute Resolution
*2020 Ranked in Chambers - Asia Pacific
*2019 Elite Leading Lawyer in Dispute Resolution - Class Actions
*2019 The Legal 500 Asia Pacific - Leading Individual - Dispute Resolutions: Class Actions - Squire Patton Boggs
*2019 Australian Dispute Resolution Partner of the Year (finalist) – Lawyers Weekly
*2018 Elite Leading Lawyer in Dispute Resolution - Class Actions
*2018 The Legal 500 Asia Pacific - Leading Individual - Dispute Resolution - Squire Patton Boggs
*2018 Australian Dispute Resolution Team of the Year (finalist) – Lawyers Weekly
*2017 Elite Leading Lawyer in Dispute Resolution - Class Actions
*2017 The Legal 500 Asia Pacific - Leading individual - Dispute Resolution - Squire Patton Boggs
*2016 Australian Insolvency Partner of the Year (winner)– Lawyers Weekly
*2014 Hot 40 Private Practice Lawyer - Australasian Lawyer
*2013 Australian Dispute Star for Restructuring and Insolvency - Euromoney's Benchmark, Asia Pacific
References
External links
Banton Group websiteAmanda Banton LinkedIn Profile
{{DEFAULTSORT:Banton, Amanda
1970 births
Living people
University of Adelaide alumni
21st-century Australian lawyers
21st-century Australian women lawyers
People associated with Squire Patton Boggs