Understanding insolvency law
We help entrepreneurs and businesses protect their rights and preserve business value when faced with an insolvency or bankruptcy challenge.
Insolvency and bankruptcy law expertise
We provide personalised solutions for complex legal, practical and commercial challenges that company directors and entrepreneurs face in an insolvency scenario. This is hard-won expertise gained through years of experience in courts and creditors meetings, as well as frequent interactions with company administrators and liquidators, and negotiations with debt collectors.
Understanding insolvency law – explained
Firm Principal Ben Sewell takes you through an explanation of how we help our clients understand insolvency law
Our firm principal, Ben Sewell, is an insolvency law expert.
Ben’s comment: When I first joined an insolvency team in a law firm in 2003 putting insolvent businesses into voluntary administration was the default advice. I watched most of these adventures fail over the next decade and since the Global Financial Crisis lawyers have become more thoughtful about the voluntary administration process because of its very low success rate. Voluntary administration is really just a glorified liquidation process today – which is a pity because it should be used to save businesses. The role of insolvency lawyers is to be a trusted adviser and ‘insolvency architect’ for company directors – and if not – they should get out of the way!
Breakdown of our insolvency and bankruptcy advice services:
Our core services include management of insolvency scenarios and proceedings, explaining and planning tactics and instruments.
| Core services: Managing insolvency scenarios and proceedings | Core services: Explaining and planning tactics and instruments |
|---|---|
| Creditor negotiations | Pre-pack insolvency arrangements and avoiding accusations of phoenix activity |
| Negotiations with voluntary administrators, company liquidators, company receivers and trustees-in-bankruptcy | Voluntary administration and Deeds of company arrangement (Corporations Act) |
| Liquidator’s examinations and interpreting the risk to company directors | Personal bankruptcy and Part X personal insolvency agreements (Bankruptcy Act) |
| Claims asserted by liquidators including insolvent trading and voidable transaction claims | The appointment of receivers and taking security over businesses and assets |
Our points of difference
- Best-in-industry knowledge of the Corporations Act and Bankruptcy Act
- Excellent support network of external professional advisers (including accountants and transactional lawyers)
- Personalised solutions for each client
- Very flexible and accessible
- Business mindset