Find Lawyers in Australia for Insolvency and Reorganization Law
Practice Area Overview
In Australia there is no equivalent to the Chapter 11 process. Instead, formal corporate restructures are normally conducted through the voluntary administration process. This is a non-judicial process and is primarily regulated by creditors voting at meetings of creditors convened by voluntary administrators appointed by the directors of the company in administration. Speed of turnaround is the primary advantage of this process, enabling control of the companies to be returned to creditors if their proposal is agreed to by the majority of creditors, but it does have limitations, in particular in dealing with the claims of all stakeholders, and at times a scheme of arrangement, involving court approval, is the only means to achieve the desired outcome. Nevertheless, the process has been used successfully to deal with very large administrations, and has shown itself to be very flexible.
There also is an increasing trend for informal turnaround and restructure options, with secured creditors entering into moratorium arrangements in preference to appointing receivers. This has the advantage of allowing the business to restructure its business operations in a controlled environment, with the ongoing support of the secured creditors, and maximizes the return to those creditors. This work is still at an embryonic stage of its development, and is yet to be properly regulated.
Invariably, there is a great deal of litigation associated with businesses who experience insolvency, and most practitioners are well-versed in conducting litigation on behalf of companies, creditors, directors and liquidators and other insolvency practitioners. These range from direct insolvency type claims, such as insolvent trading, uncommercial transaction or preference claims, to claims dealing with secondary issues such as breach of contracts, negligence and auditor claims, and breach of director duties claims. Practitioners therefore tend to have a broad range of experience across many areas of practice, and typically will work with other practitioners in their firm to bring in their expertise.
Michael is a banking and finance Partner with extensive experience in major asset restructuring and insolvency transactions, and associated dispute resolution. Michael lives and works in Melbourne and Adelaide and has experience practising throughout Australia. With a principal focus on high-end insolvency work, Michael has particular expertise in restructuring including formal administrations and Deeds of Company Arrangements, informal workouts, securities enforcement and associated dispute ...
Scott is recognised as one of Queensland’s leading and most experienced restructuring and insolvency lawyers. He works with clients, company directors and advisers to analyse the issues and provide a range of options within tight time frames and often under difficult circumstances. An expert in distressed turnarounds and restructures, Scott often works collaboratively with other turnaround and restructuring professionals, assisting with and documenting restructures and advising company ...
Rob Comazzetto is the Managing Director of Cowell Clarke and a Director in the firm’s Insolvency and Reconstruction team. Admitted as a lawyer for over 30 years, Rob has worked both in industry and legal practice and continues to sit on the board of several companies. The experience which Rob brings from being involved in commerce is reflected in his practical approach to issues and the often stressful situations faced by clients. He always focuses on finding a resolution that maximises...
James established JCL in 1992 as a specialist practice in commercial litigation and insolvency. Driven by a desire to achieve positive outcomes for his clients, James’ focus has always been on effective and efficient problem resolution. By establishing his own firm, James has also pursued his desire to help younger lawyers learn the art of law and problem solving. James has a broad range of legal experience, with extensive experience in commercial litigation and insolvency. He has acted...
Nick Curran is a Partner in the Disputes team with more than 15 years’ experience in commercial litigation and dispute resolution, and restructuring and insolvency. He advises insolvency practitioners, banks and individuals in relation to all aspects of corporate insolvency including receivership, voluntary administration and liquidation, as well as personal insolvency. He also acts for a variety of companies and businesses involved in commercial litigation, including publicly-listed co...
Norman has more than 20 years' experience in dispute resolution and litigation, banking and finance, corporate insolvency, and bankruptcy. Norman acts for a number of major insolvency accountants and financial institutions, and has been an adviser in a number of Victoria’s large insolvency administrations. He also regularly acts for a number of major corporate clients in complex litigation. Norman’s approach is to work closely with his clients to identify commercial imperatives wh...
Louise Gehrig is a highly experienced litigator with more than 20 years’ experience in litigation and dispute resolution in corporate and commercial law, trust and estate litigation, particularly at Supreme and Federal Court level. Louise’s areas of expertise include property and commercial disputes, Australian Consumer Law including unconscionable conduct and misleading and deceptive conduct in business, wills, estates and trust disputes, banking and finance litigation. She has...
Scott Guthrie draws on his more than 25 years’ of expertise to advise clients in the finance, insolvency and property industries. A significant part of Scott’s practice involves acting for various stakeholders in the unsecured and secured insolvency market. Scott regularly advises and acts for receivers, liquidators, administrators and bankruptcy trustees in identifying, preserving and recovering assets for secured and unsecured creditors. Scott also represents directors and compa...
Neil has more than 20 years' experience advising on all aspects of commercial dispute resolution. Neil's experience includes commercial litigation, banking and finance, insurance, insolvency, directors and officers claims, and claims under the Competition and Consumer Act and the Corporations Act. Neil regularly appears in the Supreme and Federal Courts and on behalf of clients during ASIC examinations. His clients include leading financial institutions, accountants, and corporate entities op...
Joanne is an experienced commercial litigator and insolvency lawyer within Piper Alderman’s Restructuring & Insolvency Team in Melbourne. Joanne acts for insolvency practitioners, accountants, company directors, secured and unsecured creditors and shareholders of companies facing financial distress or difficulties, which can sometimes lead to receivership, administration, or liquidation. Joanne regularly acts for parties involved in a range of commercial disputes including sharehold...
Peter has more than 25 years’ experience assisting clients involved in commercial disputes, and has recognised expertise solving problems that arise involving financial distress for clients or their counterparties. Peter provides legal services to his clients in a wide variety of commercial, property and administrative disputes, often working closely in consultation with our Property and Corporate & Advisory partners. This often involves providing advice in the initial stage of a di...
Darrell Jardine is a Partner and leads HopgoodGanim's Dispute Resolution practice. His expertise includes advising on contractual disputes, negligence claims, product liability litigation, class actions, insider trading and other claims brought by ASIC for statutory breaches and Royal Commissions. He offers a particular expertise in liquor licensing and gaming regulation and represents major participants in the leisure, sport and entertainment sector. Darrell is consistently recognised by lea...
Alex King is a disputes, litigation and insolvency lawyer. He has a broad client base, which includes private clients, family-based businesses, publicly listed companies, large institutions and government bodies, in Australia and overseas. Alex recognises that his clients’ commercial imperatives are often unsuited to the costs and inconvenience of full-scale litigation and works with them to explore ways in which a dispute or litigation might be resolved quickly and commercially. Howeve...
Michael specialises in corporate and personal insolvency law and is recognised as one of Australia’s leading insolvency lawyers. He acts regularly for banks, financial institutions and other secured lenders providing advice in relation to the security enforcement. He acts for insolvency practitioners in all types of personal and corporate business restructuring and insolvency administrations. Michael is regularly engaged to act for companies and directors providing advice on the restruc...
Paul has been in practice for more than 40 years and is a Partner in our Litigation team. A highly experienced litigator with specialist expertise in commercial contractual disputes and insolvency matters, Paul regularly advises clients in all aspects of dispute resolution. He is particularly experienced in property related and finance sector disputes, as well as trust claims. His work in insolvency law spans liquidations, receiverships, voluntary administrations and bankruptcies. He is extre...
Michael has more than 25 years of experience as a disputes/litigation lawyer. He has an accounting degree and a street-wise approach. Michael specialises in: Recovery of money and assets out of trade, finance or fraudulent transactions, both in Australia and internationally. Corporate and personal insolvency/bankruptcy law, where Michael regularly defends and prosecutes the claims of liquidators and trustees in bankruptcy. Transactional structuring, strategic risk management, and distressed c...
Katherine’s primary expertise is in corporate insolvency, the PPSA, contractual disputes, misleading and deceptive conduct, and building and construction litigation in an insolvency context. Katherine partners closely with her clients to achieve their best strategic outcome efficiently and effectively. She proactively seeks an early favourable outcome. Where this is not available, emphasis on commerciality and strategic decision-making drive her management of formal disputes. Katherine&...
Rocco is an internationally recognised dispute resolution lawyer with expertise in court and tribunal matters, advocacy, negotiation, and alternative dispute resolution.He works across Australia to resolve disputes in the corporate and commercial, construction, property, insolvency, defamation and intellectual property fields, as well as representing clients in corporate investigations and commissions of inquiry. He has specific experience in complex, high value, business critical disputes, a...
Louise is an insolvency lawyer with over 15 years’ experience, acting for a wide range of insolvency practitioners. Her extensive experience ranges from advising and acting for practitioners on issues arising on their appointment to pursuing insolvent trading claims and voidable transaction recoveries. She has also participated in high profile insolvency litigation. Louise also acts for creditors dealing with insolvency issues facing their businesses. Louise also practices in general co...
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