Insolvency

Our Insolvency, Restructuring & Bankruptcy Team understands that advice concerning insolvency often requires knowledge and expertise in diverse areas of law including property law, commercial law, tax law and employment law. We have a range of specialists in these various areas in addition to expertise in insolvency matters.

Our team acts for liquidators, administrators, other insolvency professionals and, increasingly, with businesses looking into various restructuring options when faced with financial difficulties and creditors, including the ATO. We also advise on the various issues arising from formal insolvency administration, such as:

  • unfair preference claims;
  • uncommercial transactions;
  • insolvent trading claims;
  • other aspects of the investigatory process relating to insolvency administrations; and
  • the Personal Property Securities Register.

We have considerable experience in dealing with ASIC and other regulators, including regulatory examinations (pursuant to the Corporations Act 2001, ASIC Act 2001 and the Bankruptcy Act 1966) and court actions.

Our team also has considerable experience in advising on Part X Personal Insolvency Agreements and mortgagee sales of property. We also have experience in the administration of the Bankruptcy Act 1966, which includes acting for the Official Trustee in Bankruptcy, the Inspector General in Bankruptcy, registered trustees as well as persons facing bankruptcy or persons who have become bankrupt. Our experience includes assisting and advising trustees in relation to asset recovery investigations and other matters, and commencing and defending legal proceedings.