Insolvency law is a complex area, requiring lawyers that not only have commercial acumen but are strategic in their thinking. They need to be experienced in the contentious and non-contentious aspects of insolvency, turnarounds, restructuring and ongoing risk management. They also need to be willing to take the time to:
If you sense that you are about to face major financial difficulty in your business, you need to act quickly and obtain the best possible advice. Our insolvency and bankruptcy lawyers draw on their combined experience in corporate and commercial matters, M&A, tax, and insolvency law to create the best outcome for your legal, financial, and commercial circumstances.
We act for both companies and insolvency practitioners, as well as secured and unsecured creditors. This means that we understand all sides of the insolvency story and can come up with solutions that are both commercial and pragmatic.
We can assist with:
Is insolvent trading a criminal offence?
Pursuant to section 588G of the Corporations Act, it's the company director's duty to prevent an insolvent company from trading. Otherwise, they could face civil penalties, compensation proceedings, and criminal charges.
Are insolvency practitioners regulated?
Yes, the Australian Financial Security Authority (AFSA) is responsible for the regulation of the insolvency profession, specifically trustees and debt agreement administrators.
Do you need a lawyer to file for bankruptcy?
You can file bankruptcy even without a lawyer. However, bankruptcy is just one of the formal options available to manage your debt. It's strongly recommended to seek the help of a qualified lawyer because bankruptcy has both financial and legal consequences.
We only do what we do best. We don’t dabble in areas that we don’t practice in every day.
We are results-driven. People say you should focus on the journey but we disagree. We focus on the results we get for our clients.
Ever wonder what it’s like being able to “phone a friend” and that friend happens to be your lawyer? We make sure you have a good experience with us every step of the way.