When faced with Insolvency, you need the best possible legal advice and assistance.
Our expertise enables us to give you legal clarity coupled with highly pragmatic and commercial advice. We regularly advise on:
Liquidations, administrations and receiverships
Business solvency and distressed assets
Restructuring and reconstitution
Safe harbour and protections
Securities advice
Recovery strategies
Preference claims and priority disputes
Negotiating with secured and unsecured creditors
Outstanding
Outcomes
‘Trevor really goes that extra mile for you, and ensures your best outcome is his highest priority.‘
First-class lawyers
When companies face insolvent trading, we can provide the directors with safe harbour advice. The insolvent trading safe harbour applies where the directors start developing one or more courses of action that are reasonably likely to provide a better outcome for the company than an immediate liquidation or administration.
If the directors can establish a safe harbour, they may be protected from insolvent trading liability arising from debts incurred directly or indirectly in connection with any such course of action – it is important to get safe harbour advice as soon the directors suspect insolvency.
Specialists with
experience
Our lawyers are specialists with deep experience. Relevant sample matters which our lawyers have provided advice in include:
Acting for a major Korean company to lift the automatic stay of litigation which arises when a company enters an insolvency procedure which enabled the Korean company to establish its debt through enforcement of a SIAC arbitral award
Advising a judgment creditor as to its participation in and negotiation of a Deed of Company Arrangement
Advising administrators from a Big 4 accountancy firm in relation to their powers in an administration
Advising an administrator in relation to transfer of employees and their entitlements in a business sale under a Deed of Company Arrangement
Advising a liquidator as to its rights to terminate several leases
Acting for an administrator from a Big 4 accountancy firm in applying for summonses for several public examinations in the Federal Court
Advising administrators from a Big 4 accountancy firm in the documenting of a Deed of Company Arrangement, and drafting the sales documentation for an associated business sale
Advising the receivers of ASX listed securities in relation to their duty to exercise reasonable care in selling the securities for their fair market value
Advising a liquidator as to whether an alleged debt constituted a secured debt benefiting from priority in a distribution to creditors
Acting for an administrator in identifying and pursuing claims against former directors and senior employees for claims arising out of breach of fiduciary duties
Advising an administrator in relation to obtaining a Letter of Request to be issued by the Federal Court of Australia to conduct a public examination in the High Court of England & Wales