Insolvency

Contacts: James Cudmore, Adam Rosser

Our success in insolvency services is anchored in our deep technical expertise and our broad commercial experience.

We recognize that insolvency practitioners want to get the job done.  Insolvency practitioners need advice which is both clear and quick.

Collectively, we have advised on the conduct of hundreds of voluntary administrations and understand the technical requirements, and the commercial imperatives which inform both the insolvency practitioners and the creditors in administrations. 

Unavoidably, we often find ourselves in Court to achieve outcomes for our clients. In a recent case we achieved a quick success in the Supreme Court of New South Wales on behalf of a creditor in setting aside a deed of company arrangement which had been propounded by directors with the support of the administrators.  We quickly identified and effectively implemented an attack on the process.

We rely on our technical expertise to think laterally about insolvency matters, and pride ourselves in recognising issues that others overlook.

For example, we successfully challenged the right of a joint liquidator to achieve examination orders in the winding up of a public company.

We have represented auditors and company directors in highly contentious insolvencies, and in successfully challenging orders for examination and production of documents. 

We have succeeded in having the Full Court of the Federal Court find that company directors can maintain litigation on behalf of companies which have been placed in receivership. 

We have obtained a judgment from the Chief Justice of South Australia that a liquidator is entitled to fix his remuneration by a percentage of recovery, rather than simply by reference to hourly rates.

We are regularly involved in complex bankruptcies and insolvencies and have a deep understanding of the statutory remedies available to liquidators and trustees.  We excel in achieving good recoveries in complex insolvencies.

We regularly undertake negotiations in litigation funding.  One of our partners obtained Federal Court approval for what was at the time the largest litigation funding arrangement which had been approved by an Australian Court.

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