Insolvency
The firm has recently been admitted as a member of The Insolvency Practitioner Association of Australia that provides access to a range of services provided by this Association.
Personal Bankruptcy
New changes in the Bankruptcy laws, has resulted in the change to the "traditional" advice provided to clients who are contemplating or entering into bankruptcy.
We act for clients providing advice in respect of the bankruptcy process, including negotiating with Trustees in bankruptcy for example in and availability of a passport to a bankrupt and advising on the structure of Part X arrangements.
In other instances we also act for trustees in bankruptcy in respect of issues that arise. We attend creditors meeting to provide advice to the debtor or the trustee (as the case may be). Often we will attend as a proxy of a creditor in order to obtain relevant information from a debtor.
Corporate Insolvency
Whilst Australia generally has been lucky enough to be off the merry go round of a "boom" or "bust" economy in the past decade, it has not shielded certain industries from susceptibility to the vagrancies of external factors, such as the introduction of new tax regimes or free trade agreements.
We assist in relation to the corporate insolvency regimes through the appointment of administrators, liquidators or receivers and the structuring negotiating and drafting of Deeds of Company Arrangements or attending creditors meetings on behalf of debtors, creditors (pursuant to proxies) or directors of the Company suffering the insolvency event.
We assist liquidators and administrators by providing them with general advice (insolvent trading, preferences, void and voidable transactions), a range of documentation, from indemnity deeds, licensing arrangements, sale of assets or businesses or Deeds of Company Arrangements, including resisting attempts to turn over Deeds of Company Arrangement.
Specific examples include:
- assisting a client to purchase a retail chain of over 100 stores from an administrator.
- assisting with the purchase of an I.T. company that was in administration with a view to have it relisted.
- advice in relation to a publicly listed company whose trading had been suspended as a result of financial difficulties.
- the negotiation of the Deed of Company Arrangement by way of recapitalisation of a public company and it being relisted.