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Insolvency Lawyers Sydney

Personal and corporate insolvency, liquidation and asset protection are services we are able to assist you with, regardless of your issues.

Our team will assist you to best navigate the issues that arise alongside matters of insolvency.

We represent commercial clients in litigation cases in all courts and tribunals including the High Court, Federal Court, Administration Decisions Tribunal (ADT), State Supreme and District Courts.

We can also assist clients in disputes and litigation proceedings involving ASIC, the Australian Stock Exchange (ASX) and Australian Taxation Office (ATO).

Our approach is to help you avoid disputes by helping ensure that you have sound risk management policies and procedures in place.

Where disputes do arise, we offer advice and guidance to help you to position yourself as favourably as possible. We also carefully review the situation so that we can advise on the course of action most likely to generate an advantageous result.

In many cases, it is desirable to avoid commercial litigation. In these cases, we help to expedite a satisfactory outcome for you that does not involve the need for litigation. Where appropriate, we also consider alternative forms of dispute resolution such as mediation and arbitration.

Where litigation is unavoidable – or where it is considered to be the best course of action for you – we devise a litigation strategy that draws on our extensive experience in this domain.

Our team then manages all aspects of the case, keeping you informed throughout and working towards an outcome that is as favourable as possible.

FAQs

For anyone experiencing financial hardship, regardless of whether it is on a personal or corporate level, our team can offer valuable advice as to how to best navigate the issues that arise alongside matters of insolvency.

Areas on which we can provide advice include:

  • Structuring to protect your assets prior to any potential insolvency;
  • Evaluating different strategies in the face of bankruptcy;
  • Your rights and obligations throughout the insolvency process;
  • Negotiations with creditors and other parties; and
  • Bankruptcy related court proceedings.

We have many years’ experience safeguarding our clients’ assets from potential creditors.

In times of financial difficulty, it is important to know that your assets will be protected as best as possible, and that suitable arrangements can be put in place. We offer a range of services in this area and have many years’ experience safeguarding our clients’ assets from potential creditors.

Our team can work with you to create the optimal structure for any company, trust or personal reconstruction that may be required. We also have extensive experience preparing Personal Insolvency Agreements to facilitate the mutually agreeable settlement of outstanding liabilities.

We aim to make the process as easy as possible for our clients.

We know that going into receivership, voluntary administration, or liquidation can be a stressful time for any business owner. This is why we aim to make these processes as easy as possible for our clients.

If you or your company is in this position, we can provide you with expert advice on the extent of the liabilities, as well as what liabilities extend to you on a personal basis to minimise any losses that may be possible throughout the process.

We also advise creditors on strategy options for the recovery of their assets, as well as provide assistance throughout the recovery process.

Our team has extensive experience in preparing deeds of company arrangement.

We can assist in the preparation of Deeds of Company Arrangement (DOCA’s) for companies that are facing the prospect of liquidation. We find that for many companies in this position, a DOCA can be the best strategy to assist in the ultimate survival of the company.

A DOCA is a binding financial agreement between a company and its creditors. It primarily sets out how the company and its assets are to be managed, as well as the degree to which the company will be released from its liabilities.

We have found that DOCA’s can be a powerful tool in assisting parties in coming to a commercial agreement in times of financial stress. Such an agreement will generally benefit everyone involved, with creditors likely to recoup more than they would have otherwise received, and debtors more likely to survive the process.

We can assist you in defending the claim and protecting your funds.

When a company goes into liquidation, liquidators are able to claim back particular transactions that were made in the period leading up to the liquidation. These transactions are known as “Voidable Transactions”.

If you have received a notice from a liquidator requiring repayment of a voidable transaction, our insolvency team can assist you in defending the claim and protecting your funds.

We also have experience in making these claims, and can assist potential claimants and liquidators in pursuing recipients of voidable transactions.

We aim to resolve issues of statutory demand as efficiently as possible.

Dealing with statutory demands can be a difficult and trying exercise for businesses, whether the demand has been issued to them or they have had to issue it to someone else. We can provide a number of services, including:

  • Initial advice on any demands made, and the prospects of success.
  • Assistance in disputing statutory demands. This can range from guidance on making a set aside application, to representation throughout the entire court process.
  • Representation and advice in any negotiations between the parties involved.
  • Assistance in pursuing statutory demands, generally involving applications to wind up the company.

Our team has experience working through all facets of the winding-up process.

Winding up a company can sometimes become the only option available to you, regardless of whether you are a creditor or a debtor. We and can assist:

  • Creditors in making applications and recovering their debts;
  • Debtor companies in managing the winding up process; and
  • Directors of debtor companies in protecting their personal assets.

We have a number of years experience handling bankruptcy matters, and are available for consultations with both individuals facing bankruptcy (both voluntarily and involuntarily), and creditors who are concerned that a debtor may be declaring bankruptcy.

Regardless of your situation, our careful and compassionate team will be available to advise on your position and provide assistance moving forward.

INSOLVENCY Team

All
Associate
Consultant
Conveyancer
Excluded
Executive Lawyer
Paralegal
Partner
Registrar
Senior Associate
Solicitor
Special Counsel

Our Litigation expertise

Explore our range of services specific to this area of law.

INSOLVENCY Resources

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Liability limited by a scheme approved under Professional Standards Legislation.