We have a broad range of specialist experience acting for various stakeholders within an insolvency context.  We act and have acted for parties in some of Western Australia’s larger or more complex corporate collapses and personal insolvencies, such as Westgem Investments, Bond Corp, the Westpoint group of companies, Diploma Constructions, Global Finance, and the Kevin Pollock bankruptcy.

We act for insolvency practitioners in:

• Providing advice and acting in court proceedings relating to getting in assets, security priorities including the Personal Property Securities Act,  retention of title claims and liens; proceedings against unsecured creditors for unfair preferences
• Proceedings against directors for insolvent trading, and against others for receiving assets or benefits in uncommercial or undervalue or related-party transactions
• Vetting creditor reports and drafting deeds of company arrangement; providing advice in relation to statutory duties and professional obligations
• Applications to the court to extend the convening period for creditors meetings

We provide strategic guidance to boards and individual directors of financially distressed companies, including:

• Advice as to safe harbour, insolvent trading, and directors’ duties
• Assistance with restructuring and turnaround, and deeds of company arrangement
• Advice and representation in court proceedings, in defence of liquidator claims against directors for breach of directors’ duties, insolvent trading, and uncommercial or undervalue or related-party transactions
• Applying to set aside statutory demands on the basis of a genuine dispute or offsetting claim
• Resisting court applications to wind up companies

We assist business owners and individuals with:

• Advice in relation to structuring
• General guidance in respect of secured and unsecured debt, guarantees, tax debts, and strategies to move forward
• Legal assistance in dealing with creditors, and tax release applications to the ATO based on serious financial hardship
• Personal insolvency advice in respect of  bankruptcy, debt agreements (Part IX arrangements) and personal insolvency agreements (Part X arrangements), advice in respect of property recoverable in bankruptcy, advising executors in insolvent deceased estates
• Defending asset recovery claims by bankruptcy trustees
• Defending bankruptcy applications, or applying to set aside or annul bankruptcy orders

We act for creditors in enforcing their rights, and resisting claims made against them, such as:

• Positional advice in an insolvency situation, including advice and court proceedings in relation to securities and priorities
• Advice in relation to creditors meetings and voting
• Lodging proofs of debt, proving claims, and challenging administrator and liquidator decisions
• Enforcing securities by appointing receivers over companies or specific assets, mortgagee in possession actions, applications to reinstate deregistered companies, court applications to wind up companies and appoint liquidators
• Claims against liquidators and receivers for breach of duty and negligence
• Removing administrators and appointing replacements;defending unfair preference claims, and disputes with liquidators as to the value of securities and whether securities are enforceable
• Issuing statutory demands and bankruptcy notices; and applying to wind up companies or to bankrupt individual debtors