Personal & Corporate Insolvency
Over the past decade our firm has developed specialist expertise in corporate and personal insolvency as our lawyers have acted in and advised on some of the most significant insolvencies in the agricultural, investment and financial services industries.
We have leading expertise in the Liquidator’s power under the Corporation Act 2001 to disclaim leases and in the application of the principles of equitable liens in insolvencies and administrations.
We act for insolvency practitioners, directors, shareholders and creditors in relation to pre-administration, voluntary administrations, deeds of company arrangement, receiverships and liquidations, and advise and represent individuals in relation to personal insolvency and bankruptcy. We specialise in restructuring and related transactions and preference claims, voidable transactions, insolvent trading, safe harbour, public examinations and obligations in response to inquiries by liquidators and bankruptcy trustees.
We use our experience to:
Advise parties in financial distress and/or facing potential insolvency about the risks they face and options to manage those risks
Assist parties in refinancing or restructuring their affairs in this context, or in pursuing the opportunities for restructure or opportunistic acquisition financial distress can provide
Advise directors regarding insolvent trading, safe harbour and other relevant pre-administration and liquidation issues
Defend winding up proceedings and applications for the appointment of provisional liquidators, in particular in the context of ASIC investigations
Pursue and defend preferences and other voidable transactions in personal and corporate insolvencies
Advise parties affected by external administration and bankruptcy including in relation to claims, the external administration process and related matters
Act examinees in public examination by liquidators, Receivers and bankruptcy trustees
Represent and advise persons in relation to potential breaches of the bankruptcy act and investigations by AFSA
We have extensive contacts in the insolvency industry and can introduce our clients to specialist accountants and advisors. We also have deep contacts in the secondary and mezzanine debt markets which our clients utilise to manage the risks posed by insolvency and pursue the opportunities it can present.