Erin Prout
Principal Lawyer
+61 3 8600 6058
eprout@aitken.com.au
Erin Prout
Areas of Law: Insolvency, Litigation, Commercial Law
Qualifications: Masters of Law | Bachelor of Laws | Graduate Diploma of Legal Practice
Office Location: Brisbane, Melbourne
Experience
Erin Prout is a litigation, insolvency, and commercial lawyer based in Brisbane, who prides herself on executing well considered litigation strategy, insolvency solutions and negotiating commercial transactions. She is recognised for her commercially sound advice that helps clients navigate complex disputes, financial distress and business challenges.
Erin also has many years of experience drafting and negotiating commercial contracts, which gives her a unique perspective when resolving disputes that centre around them. Erin holds a Bachelor of Laws and a Masters of Law, with a keen interest and focus on contractual interpretation. Her deep understanding of how agreements are interpreted by the courts, and how they are negotiated and drafted in practice, allows her to proactively identify commercial risks and solutions that support her clients' commercial objectives.
Expertise
INSOLVENCY & RESTRUCTURING SERVICES
Erin advises insolvency practitioners, directors and creditors in navigating complex personal and corporate insolvency issues. She combines strong litigation experience with deep insolvency knowledge to help clients protect their interests and maximise recovery.
Insolvency Proceedings
- Winding up applications
- Voluntary administrations
- Voidable transaction claims
- Unfair preference claims
- Insolvent trading matters
- Creditor's petitions
- Transactions with creditors and suppliers
Investigations & External Administrations
- Public examinations
- Recovery proceedings
- Realising and selling assets
- Disclaiming of property
- Off-setting advice
- Security and priority disputes and advice
- Creditor and stakeholder advice
Restructuring & Asset Protection
- Business restructuring advice
- Asset protection strategies
- Risk management planning
- Director advisory services
LITIGATION
Erin assists business owners, directors, shareholders and individuals with litigation matters which are regularly heard in the Federal Court as well as the Courts throughout Victoria and Queensland. With cross-jurisdictional experience, Erin regularly works on complex matters which have a cross-border focus.
Commercial & Contract Disputes
- Contract disputes
- Business and commercial disputes
- Enforcement proceedings
Debt Recovery
- Debt recovery proceedings
- Statutory demands
- Personal guarantor disputes
- Enforcement proceedings
Shareholder, Director & Partnership Disputes
- Shareholder disputes
- Director disputes
- Business separations
- Shareholder oppression claims
- Breach of directors’ duties claims
COMMERCIAL SERVICES
Erin supports businesses with the preparation, negotiation and management of commercial agreements. Coming from a family that owns and operates a business, she has firsthand insight into the challenges business owners face and the importance of having clear, well- documented commercial arrangements. This experience, together with her litigation practice, enables her to quickly identify risks, interpret complex provisions and develop practical strategies.
Governance Agreements
- Shareholder agreements
- Partnership agreements
- Employment contracts
- Internal company policies
- Non-disclosure agreements
Commercial Agreements
- Business sale agreements
- Asset sale agreements
- Terms and conditions
- Commercial contract negotiation
Intellectual Property & Technology
- Intellectual property licensing agreements
- Privacy policies
- Website and app terms of use
INDUSTRIES & CLIENTS
Erin advises clients across a diverse range of industries and commercial sectors, including:
Governance Agreements
- Trustees in bankruptcy
- Administrators and liquidators
- Medium-sized commercial businesses
- Professional services firms
- ASX-listed companies
- Technology businesses
- App-based service providers
- Health technology and digital health businesses
- Company directors and shareholders
- Creditors and debtors
Case Studies
EXPERIENCE HIGHLIGHTS
Administrator – Sale of company assets
Assisted the administrator with the urgent sale of the company’s assets for $7.5 million. We managed the negotiation and drafting of the asset sale agreement and deeds of assignment for the trademarks, held both domestically and internationally.
Liquidator · Recovery and investigation proceedings
A liquidator required assistance investigating company affairs and tracing funds through the corporate group. We advised on investigative processes, conducted public examinations and pursued proceedings relating to voidable transactions and insolvent trading.
Creditor · Debt recovery and winding up proceedings
A creditor sought assistance recovering a significant debt after repeated attempts to obtain payment had been unsuccessful. We advised on debt recovery and insolvency options and commenced winding up proceedings. Payment was received in full before the Court hearing. We also reviewed the creditors’ onboarding process and updated their terms and conditions to include a general security interest registrable on the PPSR to minimise the risk of future outstanding debts and cash flow issues.
Company director · Restructuring and asset protection advice
A business owner was operating a business in a temporary structure whilst setting up their Australian operations. We worked with the client to assess risk, develop restructuring strategies and protect their intellectual property. The outcome was to create three separate entities, with only one carrying operational risk and outwardly trading. The entities required a services agreement, intellectual property license, non-disclosure agreements and customer terms.
Shareholder · Business ownership dispute
A shareholder of a privately owned company became involved in a dispute regarding the management of the business and allegations of impropriety. We provided strategic advice concerning the valuation of shares and the bad leaver provisions. We assisted with negotiations and worked toward a confidential and commercial settlement.
Technology business · Commercial agreements and risk management
An app-based health technology business required legal support as it expanded its operations and customer offering. We drafted a suite of commercial agreements, including licensing arrangements, privacy documentation and platform terms of use, helping establish a strong legal framework for future growth.
Trustee in bankruptcy · Asset realisation and administration
A trustee in bankruptcy engaged us regarding complex issues surrounding ownership of real property. We provided advice on competing interests and priority claims, and assisted with realising the property.
Memberships and Professional Involvement
Women in Insolvency and Restructuring Queensland (WIRQ)
Member and current committee member of Women in Insolvency and Restructuring Queensland, supporting the advancement and professional development of women working within the insolvency and restructuring profession.
Australian Restructuring Insolvency & Turnaround Association (ARITA)
Member and immediate former committee member of the ARITA YP Queensland Division, contributing to industry engagement, professional development initiatives and the promotion of insolvency and restructuring best practice.
You can contact Erin on:
Brisbane: +61 7 3544 5652
Melbourne: +61 3 8600 6058