Case study: Seer Medical

Seer Medical developed a market-leading wearable epilepsy monitoring device (the Seer Home System) that allowed patients to record and transmit brain activity data from home, avoiding the need for extended hospital stays — serving over 20,000 patients and holding approximately 80% of the Australian market. Following a voluntary Class-II product recall due to regulatory compliance issues identified across design, manufacturing, and labelling controls, the Company ceased trading, experienced cash burn of $2 million per month, and faced insolvency with approximately $45 million owed to creditors.

The matter involved intricate intellectual property, data rights, and regulatory obligations across multiple jurisdictions, including privacy legislation, health records law, and copyright protections, as well as managing multiple stakeholders and DOCA proponents with different legal advisors in the US, Singapore and Australia. The successful DOCA delivered a multi-million-dollar fund via a creditors' trust, shares transfer approval under s444GA of the Corporations Act, all employee entitlements satisfied and non-continuing employees paid out in full. As a result of the DOCA, Seer Medical's world-leading epilepsy diagnostic technology was preserved and carried forward into the market by the med-tech DOCA proponents.

Lead partner: Paul James. Assisted by Jonathon McRostie, Jackson Macaulay and Sophia Griffiths-Mark.