Mills Oakley Lawyers

Mills Oakley’s insolvency lawyers provide strategic advice to insolvency practitioners on how best to deal with a company’s insolvency or potential insolvency.  Our strength is the ability to provide frank and forthright advice that is both technically sound and commercially focused.

We are industry leaders in the director advisory space.  We have acted on behalf of directors in some of Australia’s largest corporate insolvencies.  We assist directors and shareholders who wish to come to an arrangement with creditors and restructure capital either informally or through the external administration process.  We work with directors of insolvent companies, whether it be advising them as to their obligations and duties or resisting claims made by insolvency practitioners.  We represent directors who may be involved in ASIC reviews, investigations and prosecutions.  We also act on behalf of financiers and creditors who may suffer an exposure as a result of a failed company, advising them as to their rights and obligations.

Our services

Our services include:

• Voluntary administrations
• Deeds of Company Arrangements
• Restructuring strategies as an alternative to formal appointment or liquidation
• Secured recoveries and receiverships
• Recovery actions available to liquidators and bankruptcy trustees
• Public examinations
• Partnership and shareholder disputes
• Representing clients in ASIC investigations and prosecutions
• Assisting directors whose companies are the subject of an ASIC insolvent trading review
• Enforcement and realisation of securities and guarantees
• Advising purchasers on the acquisition of distressed assets
• Insolvency related employment law and taxation law issues
• Obtaining freezing orders and restraining the disposal of assets

Why choose us?

Mills Oakley’s partners are always contactable and play an active role in the conduct of all matters.  We are a medium sized firm with big firm expertise.  Our lawyers provide a frank and realistic assessment of potential outcomes and the prospect of success at an early stage.  Our knowledgeable and personal team care about the result and make things happen.  We focus on providing responsive service to our clients and building successful long-term relationships with them. 

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• Acted for the Australian based directors of A.C.N. 005 408 462 (formerly TEAC Australia Pty Ltd)
• Represented a former director of ION Limited (subject to DOCA), in proceedings commenced by the Deed Administrators
• Acted for the liquidator of a large national labour supply company in successfully applying to the Court for the removal of a liquidator of a number of related entities
• Acted on behalf of the liquidators of the Adelphi Hotel with respect to the sale of the hotel business
• Advised one of the major creditors of Auto Group Limited (Receivers & Managers Appointed) (In Liquidation) in a claim involving the tracing of trust assets
• Acted for the liquidator of Hi-Fi Supermarkets Pty Ltd (In Liquidation) advising in relation to a large number of retention of title claims
• Acted for the Receivers and Managers of five nursing homes which involved proceedings against the Department of Health and Ageing and seeking judicial review of an administrative decision to revoke an approved provider’s licence
• Acted for the directors of Bay St Corporate Pty Ltd (In Liquidation) which involved negotiating a moratorium with secured creditors and the sale of a large development site in Port Melbourne

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Key contacts

Stuart Lewin
Partner
T: 61 3 9605 0986
F: 61 3 9605 0933
M: 0403 069 075 
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Jeremy Mackenzie
Partner
T: 61 7 8289 5807
F: 61 7 3012 8777
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Peter Mills
Partner
T: 61 7 3228 0401
F: 61 7 3012 8777
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Joanne McCauley
Senior Associate
T: 61 3 9605 0949
F: 61 3 9605 0933
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