Our insolvency and reconstruction team act for secured and unsecured creditors, administrators, liquidators and other insolvency practitioners across a range of industry sectors and have advised on a number of high profile and complex insolvencies. We also advise boards and company directors on all aspects of insolvency law.
In addition, we act for individuals and Trustees in personal bankruptcy matters.
We have long standing relationships with a number of Australia’s leading insolvency practitioners and are sought out by our clients for the commercial and strategic approach that we bring to their work.
Our expertise and experience
We have extensive experience in all areas of insolvency and reconstruction including:
- Early diagnosis and advice on legal issues affecting solvency
- Restructuring and workout solutions for companies in financial distress
- The preparation of deeds of company arrangement, schemes of arrangement and other informal arrangements
- Acting for administrators, liquidators and receivers on all aspects of their appointments
- acting for secured and unsecured creditors in enforcement and recovery actions
- Advising individuals and Trustees on personal bankruptcy matters
- All forms of insolvency related litigation and dispute resolution.
Specialist litigation funding experience
We also have specialist experience in litigation funded work and regularly assist insolvency practitioners to both assess whether potential claims are fundable and obtain funding through our connections with the major and private litigation funders.
Our insolvency specialists are members of the Insolvency Practitioners Association of Australia and are recognised leaders in their field.
- Acting for and advising the special purpose liquidator of a large telecommunications company in relation to all aspects of his appointment, including various significant legal determinations relating to rights associated with remuneration as well as the role and powers of Committees of Inspection.
- Advising and acting for the scheme administrator of a long-running scheme of arrangement for a national general insurance company in respect of his powers and obligations under the scheme, as well as associated Court applications for orders and declarations relating to remuneration and the progress of the scheme to completion.
- Acting for the liquidators of a major printing group in litigation funded proceedings to recover a $7m claim against the group’s directors and associated entities, alleging an uncommercial transaction and breaches of directors’ duties.
- Advising the administrator, and subsequent liquidator, of a large country abattoir on all issues relating to the insolvency administration, including detailed advice on complex employment issues, proofs of debt and the assessment of priority creditors.
- Advising creditors in respect of a pooled deed of company arrangement for a large property group, specifically in relation to the termination of the deed and an associated personal insolvency agreement.
- Advising and acting for a receiver in recovery proceedings for a $1.7m secured debt, including reviewing the security value, related company dealings and allegations of fraud by the debtor company, its officers and related entities.
- Advising and acting for various bankruptcy Trustees in relation to all aspects of their appointments, including the realisation of real property, recovery of void transactions, annulments and personal insolvency agreements.