Services

Restructuring & Insolvency

Who we are

We provide strategic advice to insolvency practitioners, creditors, stakeholders and directors on how best to deal with a company’s financial difficulties or potential insolvency. Our lawyers are recommended by leading independent commentators such as Chambers and the Legal 500 Asia-Pacific.

We have acted on behalf of various stakeholders in some of Australia’s largest corporate insolvencies.

We also assist directors and shareholders to come to an arrangement with creditors and restructure capital, either informally or through the external administration process. We also represent directors involved in ASIC reviews, investigations and prosecutions and act on behalf of financiers and creditors who may suffer an exposure as a result of a failed company.

What we do

Our team has experience advising on a wide range of technical issues including:

  • Priority and perfection disputes arising out of competing security interests
  • Complex employee entitlement arrangements
  • Debt and equity restructures
  • Potential personal liability resulting from trading and realisation activities
  • Administration of managed investment scheme interests.

The team prides itself on providing frank and fearless advice to clients and working with directors of insolvent companies, whether it be advising them as to their obligations and duties or resisting claims made by insolvency practitioners.

Recent projects

  • Prosecuting close to 1,400 proceedings across Australian courts on behalf of the liquidators of Timbercorp Finance, seeking recovery of Timbercorp Finance’s $500m loan book.
  • Acting in the wind down of the Masters Home Improvement Business In Australia – a $1bn “largest of kind” transaction.
  • Advising Bendigo and Adelaide Bank and the receivers of a $100m manufacturing business.
  • Advising the deed administrators on all aspects of their appointment to a $100m listed oil producer.

Thinking

MO
Commercial Disputes
Separate but (not) equal: High Court decision...
MO
Commercial Disputes
Stay in Bed, Not a Trust: Court finds...
MO
Commercial Disputes
Review: concurrent appointments and the...
MO
Commercial Disputes
Cast-off: casting votes against resolutions...
Restructuring & Insolvency
Signed, sealed and... not settled at all!...
Restructuring & Insolvency
I ask therefore you must respond: requests...
Restructuring & Insolvency
Challenging the Deed of Company Arrangement -...
Restructuring & Insolvency
Federal Court leaves priority regime hanging...
Restructuring & Insolvency
Holding back the Mighty River
Restructuring & Insolvency
Get your priorities straight: Former...
Restructuring & Insolvency
If in doubt, take stock and seek directions
Restructuring & Insolvency
The Fine Art of Recovering Costs
Restructuring & Insolvency
Reclaiming the Disclaimer: Queensland Court...
Restructuring & Insolvency
Cementing the treatment of insolvent trading...
Restructuring & Insolvency
Arbitrary percentages out the window: Sakr...
Restructuring & Insolvency
Back to the Future: Court of Appeal confirms...
Restructuring & Insolvency
Going around in circles on section 433? ...
Restructuring & Insolvency
Sorry, it’s not you, it’s me: Court...
Restructuring & Insolvency
Doubling (or halving?) your chances: proposed...
Restructuring & Insolvency
Affix your assets or register: Power Rental...
Restructuring & Insolvency
The ABCs of ABNs and ACNs under the PPSA: the...
Restructuring & Insolvency
A prudent approach to reducing the risk of...
Restructuring & Insolvency
But, Your Honour, I Didn't Know: Avoiding...
Restructuring & Insolvency
In defence of indemnity
Restructuring & Insolvency
What’s your worth? Liquidator remuneration...
Restructuring & Insolvency
When ‘inadvertence’ strikes: the...
Restructuring & Insolvency
The Imperative to Investigate
Restructuring & Insolvency
Disclaiming contracts: a tale of caution
MO
Commercial Disputes
Litig8: Insolvency: Evidence of director...
Restructuring & Insolvency
The ‘udder’ necessity of registering on...
Restructuring & Insolvency
A Matter of Trust? Practitioner remuneration...
Restructuring & Insolvency
A Moving Issue: Fixture or PPS Lease?
Restructuring & Insolvency
High Court of Australia welcomes insurers to...
Restructuring & Insolvency
Terms of a security agreement held to be...
Restructuring & Insolvency
Receivers, Reap What You Sow: The Decision in...
Restructuring & Insolvency
Extending the “Shelf” Life of Voidable...
Restructuring & Insolvency
A Simple Formula: Prerequisites to PPSA...

Services

Financial Services