In situations where insolvency occurs, it is vital to have access to proactive and highly commercial advice.
We have one of Australia’s leading insolvency teams. We have worked on some of Australia’s most complex and high-profile insolvencies, and regularly work with Australia’s large and mid-market banks, accounting firms and corporates in the area of insolvency.
Using a multi-disciplinary approach, we advise on all aspects of insolvency including restructuring, turnarounds and management of creditors. We have leading practices in employment, banking and financial services, commercial disputes and commercial transactions, which enables us to deliver full-service insolvency advice.
We advise on:
- bankruptcy, receivership, voluntary administration and liquidation
- corporate recovery and workout arrangements, and schemes of arrangement
- applications to the court for the appointment of a liquidator, provisional liquidator and receiver or trustee
- debt moratoriums, standstill agreements and refinances
- employment issues stemming from insolvency
- property and leasing issues arising out of insolvency
- distressed and insolvent trading
- security enforcement
- white collar crime and breaches of directors’ duties
- corporate reconstruction
- priority issues arising out of competing interests of employees, creditors, registered and unregistered securities, liens and insolvency practitioners’ fees
- the sale of property and businesses for insolvent entities
- Personal Property Securities Act (PPSA) and retention of title issues
- management of businesses and assets, and
- mergers, acquisitions and due diligence.
Our senior lawyers are named in the Best Lawyers list.
- Acting for the liquidators of the Hastie Group of Companies in the investigation and conduct of 32 oral examinations of directors and officers as well as the conduct of a claim in the NSW Supreme Court against former auditors.
- Acting for the directors in the voluntary administration and re-capitalisation of a listed entity by deed of company arrangement.
- Advising in an ASIC funded investigation in relation to a disqualified liquidator and unlawful phoenix activity across a number of unrelated corporate entities.
- Acting for liquidators of Pacific Services Group. The Group operated as an electrical and communications contractor and manufacturer of switchboards across the eastern seaboard of Australia employing 650 employees at 12 sites with in excess of 100 active projects. The assignment included the prosecution numerous unfair preference claims against trade creditors and regulatory authorities, defending retention of title claims including consideration of PPSA issues, applications to the Court for variations to streamline the administrators’ obligations for notifications to creditors and the provision of employment advice.
- Acting for administrators of a major contract services company in NSW, including negotiating and agreeing terms of a business license to prospective purchaser; negotiating the sale of business; transfer of over 100 employees; advising on multiple claims under the PPSA; advising on an ongoing intellectual property dispute; and ongoing recovery of substantial preference claims.
- Advising liquidators in respect of grower recoveries in various failed managed investment schemes, including over 200 individual matters across the Gunns and Timbercorp Securities liquidations.
- Acting for the trustee in bankruptcy of Craig Bond (son of Alan Bond) in relation to proceedings commenced by Mr Bond’s former spouse to annul the bankruptcy.
‘Hall & Wilcox's expertise encompasses restructuring issues, turnarounds, bankruptcies, receiverships, voluntary administrations and liquidations alongside corporate recovery, distressed trading, security enforcement and insolvency-related litigation experience‘.
Legal 500 Asia Pacific 2019
Insolvency & Reconstruction| 09 Sep 2020
Despite the extension of the insolvent trading moratorium, directors should still satisfy the usual requirements of the safe harbour against insolvent trading if they can.
Insolvency & Reconstruction| 07 Sep 2020
The Federal Government today announced the temporary six-month moratorium from insolvent trading liability has been extended until 31 December 2020.
Litigation & Dispute Resolution| 03 Jul 2020
The Supreme Court of Queensland has examined quorum busting and the assumptions that can be made when dealing with a company under the Corporations Act 2001 (Cth) (Act). The decision is Gallop Reserve Pty Ltd v Matton Developments Pty Ltd  QSC 113.
Insolvency & Reconstruction| 19 Jun 2020
Three of a kind: Federal Court provides clarification on key issues in determining unfair preference claims
In three related judgments delivered on 27 May 2020, Justice Davies found in favour of the liquidators of Gunns Limited (in liquidation) (Liquidators) against creditors Badenoch Integrated Logging Pty Ltd (Badenoch), Bluewood Industries Pty Ltd (Bluewood), and Edenborn Pty Ltd (Edenborn) for various unfair preference claims.