Insolvency

Insolvency is a harsh fact of doing business, but it does not have to determine your long-term success. Our Insolvency team provides clarity and a way forward, whether we are supporting insolvency practitioners in their roles or guiding our commercial clients through difficult financial circumstances.

We have a knowledgeable team lead by senior practitioners who specialise in corporate insolvency related investigations, Safe Harbour and general advice, appointments, court applications and recoveries, so you can have the confidence that we can manage and assist you to achieve your desired outcomes.

We also have experience with restructuring and reconstruction and personal insolvency.

We bring a detailed understanding of corporate insolvency law, coupled with a subtle, results focused appreciation of commercial realities. Our goal is to find workable solutions that will withstand close legal scrutiny.

Our clients in the corporate insolvency area include insolvency practitioners, institutional and private creditors, lenders and financiers, landlords, debtors, shareholders and company directors and we have extensive experience with all forms of contested and uncontested appointments including voluntary administrations, members voluntary liquidations, creditors voluntary liquidations, provisional liquidations and court wind-ups, receiver appointments, and appointments as managers and agents.

 

If you are an Insolvency Practitioner, we are experts in:

  • Assisting with the administration and or receivership of a company.

  • Commencing and running insolvent trading cases against Directors.

  • Drafting letters of demand, and if necessary, commencing proceedings to collect debts owing to the Company.

  • Managing preference claims, unreasonable director-related transactions and uncommercial transactions.

  • Acting and advising on meetings of creditors.

  • Drafting and negotiating deeds of company arrangement.

 

If you are a Company, we are experts in:

  • Appointing a trusted administrator or liquidator to work through the issues in the Company with the aim of recovering it.

  • Advising on ‘safe harbour’ arrangements.

  • Providing restructuring advice.

  • Defending against, or commencing on your behalf, winding up applications.

 

If you are a Creditor, we are experts in:

  • Defending a liquidator’s preference claim.

  • Attending meetings of creditors on your behalf as your proxy.

  • Making insolvent trading claims.

  • Protecting and recovering your secured interests, including receiverships and agents for mortgagee in possession.

  • For those owed money by a business that is (or is suspected to be) insolvent, achieving a commercially viable outcome with recourse to costly court action as a last resort.

 

If you are a Director, we are experts in:

  • Defending claims of insolvent trading and providing advice on ‘safe harbour’ arrangements.

  • Defending a Director Penalty Notice.

  • Representing you in ASIC reviews, investigations and prosecutions.

  • Protecting your interests by preparing a Deed of Indemnity and Access.

  • Representing you in matters were a binding personal guarantee is present or disputed.


Demystifying Insolvency

Insolvency