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Insolvency

 

Our insolvency team has extensive trial and appellate experience and is well known to leading insolvency firms.  Members of our insolvency team have experience spanning from the fall out from the 1987 stockmarket crash to the present. 

We have worked on matters of various sizes in many industries from pub, to automotive component suppliers to resources companies to airlines.  Our expertise has enabled us to provide strategic advice on all aspects of insolvency, litigation and dispute resolution.  We take a risk focussed perspective and are always mindful to avoid incurring unnecessary costs. 

Our team includes not only litigators but lawyers with expertise in employment law, intellectual property, sale of business and construction and engineering.

 

Our areas of experience include:

  • Administrations, receiverships and liquidations

  • Investigation and litigation funding

  • Voidable preferences and uncommercial transactions

  • Liens and retentions of title

  • Competing securities

  • Enforcement of securities and debt subordination

  • Asset recovery

  • Operation of industrial law and instruments in insolvency scenarios and upon sale of business

  • Employer and employee rights and obligations

  • Claims against directors

  • Professional negligence

  • Fraud

  • ASIC inquiries

  • Commercial Leasing and real property

  • Set off

  • Protection and exploitation of intellectual property

  • Retention of payment regimes in the building industry

  • Assessment of proofs of debt for unliquidated amounts

 

Examples of our experience include:

  • Advising Minara Resources in the fall out from the collapse of Centaur Mining & Exploration

  • Acting for Ansett since its collapse in 2001

  • Acting for Pyramid in the final resolution of its liquidation

  • Acting for Bundilla in a members’ voluntary liquidation and in respect of the sale of substantial rural real property assets

  • Acting for Beckwith Trading Company in a creditors’ voluntary liquidation, including advising on asset recovery matters

  • Acting for the Receivers and Managers of AWM and Willow, mortgage broking businesses, in respect of sale of assets

  • Acted for Beachblast Holdings, a property developer, in negotiations with the Receivers and Managers of Fincorp in respect of a residential and commercial development project

  • Acted for landlord of Lincraft

  • Acted for administrator of a licensed inner-city night venue

  • Acted for administrators of Dial-A-Coach tourism services

  • Acting for creditors in various administrations where the creditor is seeking to buy assets or intellectual property out of the administration or in asserting rights over assets

  • Advising unions respecting employee rights

  • Acting for the liquidator of Newtronics, a subsidiary of a large Austrian conglomerate, respecting the enforcement of a promise of support and various claims against the director

  • Assisting in the sale of Hazelton Airlines to the organisation which now trades as Rex Airlines, including making new enterprise agreements to regulate employment