Insolvency means being unable to pay debts when they fall due. In some situations, Australian bankruptcy laws focus on accountability. Mostly the aim is to achieve economic and social survival.
There are many options available to assist financially distressed individuals and businesses to restructure debt. Some insolvency procedures are formal, involving Court or regulatory processes, trustees, or liquidators. For example, applying for bankruptcy or a winding-up order. Other options are informal, such as private debt negotiation.
A good personal bankruptcy and corporate insolvency lawyer knows all the tips and tricks. She will know which path is the best option, and quickly arrange cross-referral to skilled professionals in related disciplines. For example, forensic accounting experts, business valuers, management consultants, and registered liquidators.
Efficient and effective business structuring will limit legal and financial risk and protect valuable assets. We can help you make lawful changes your legal structure to secure the best possible legal and financial outcome.
Statutory Demands & Proposals
The Corporations Act permits companies to make formal proposals regarding unpaid debts. Creditors can also make formal demands for payment. Similar processes are available for personal debts, under the Bankruptcy Act. We can help you make and respond to statutory demands and proposals.
When payments are overdue, or at risk of becoming overdue, we can help you privately negotiate alternate payment terms. We can also help you implement more sophisticated solutions, such as private debt for equity swaps.
Winding-Up and bankruptcy can be defensive or offensive. A sword, and a shield. Whether you are a creditor or debtor, we can explain and help you take advantage of liquidation and bankruptcy laws.
Trustees and liquidators are required to report to and communicate with creditors. Creditors are entitled to receive information and participate in key decisions. We can provide advice on reports, recommendations in relation to key voting decisions and proxy representation at meetings.
We are experienced in Corporations Act and Bankruptcy Act litigation in ACT, NSW and Federal Courts and Tribunals. We act for plaintiffs and defendants, and our clients include individuals, businesses, insolvency practitioners and the ACT government. You can read more about our litigation and dispute resolution services here.
Liquidator & Trustee Claims
Liquidator and trustee claims are our special favourite. We can help you with many kinds of claims. For example, claims for payment of money, recovery or sale of assets and allegations of wrongdoing. Our knowledge and experience will add value.
The regulatory consequences of insolvency can be far reaching. You may receive a director penalty notice, or you may be required to show cause why a licence, approval, or registration should not be suspended or cancelled. We can explain regulatory processes and assist you to respond appropriately and on time.
A 1-hour meeting to fill us in on the basics and decide if we are the right solicitors for you.
Scope & Costs Disclosure
After your initial consultation, we will provide a scope of work and costs disclosure for you to approve.
After you approve our costs disclosure, we will commence work.
We assisted our client – a deed administrator – to defend the validity of a deed of company arrangement in the Federal Court of Australia.
We assisted our client – a bankruptcy trustee – to settle multiple competing claims to equity in residential property.
We assisted our client – who at the time was defending multi-million-dollar arbitral proceedings on an uninsured basis – to obtain a detailed solvency opinion.