Insolvency

Our insolvency expertise

Our insolvency team has the expertise and experience to assist our clients in dealing with the often complex legal and commercial issues that arise in the context of corporate insolvency.

That expertise includes lawyers with specialist qualifications, having successfully completed the Insolvency Practitioner’s Association of Australia (IPAA) Insolvency Education Program Qualification course.

We provide practical, accurate and timely legal advice to our clients in the lead up to, and during, all forms of corporate administrations.

Our insolvency experience

We have acted for a broad range of clients in insolvency matters, including insolvency practitioners, creditors, companies, directors and employees.

Below is a brief outline of some of the ways in which we have assisted our clients:

Insolvency practitioners

• advice regarding voidable transactions, breaches of directors duties and insolvent trading;
• attending meetings of creditors;
• assisting with liquidators’ examinations;
• conducting winding up proceedings and proceedings to recover funds from directors and related entities;
• documentation of the sale of company assets.

Creditors

• advice about recovery options from financially distressed corporate entities and groups;
• representation at creditors’ meetings
• statutory demands and winding-up proceedings;
• proceedings against directors for breaches of duties and other creditors to recover unfair preferences.

Directors and companies in financial trouble

• providing asset protection advice;
• representation at ASIC public examinations;
• advised company directors (both public and proprietary) about their rights and obligations in the context of external administrations;
• negotiations with external controllers;
• applications to set aside statutory demands where the debt is genuinely disputed.

Employees

• independent representation at examinations;
• advice to unions about employee entitlements and their protection in insolvency situations.

We can help you.

If you are looking for advice regarding insolvent corporations or companies in financial trouble, contact one of our insolvency team.