The work of our insolvency area does not stop upon the winding up of a company or the bankruptcy of an individual. The post insolvency and bankruptcy work consists of advising, drafting and appearing in matters predominantly on behalf of Liquidators and Trustees in 3 main areas – property, commercial transactions and litigation.

Property

Our team can offer advice and prepare documents including:

• transmissions of title
• conveyancing of real property
• preparation and lodgement of caveats
• trustee sales

Commercial transactions

Our lawyers can advise on and prepare documentation including:

• sale of businesses and assets
• deeds of company arrangement
• debt agreements pursuant to Part IX of the Bankruptcy Act 1966
• Personal Insolvency Arrangements pursuant to Part X of the Bankruptcy Act 1966
• security documentation including guarantees, charges, mortgages and other property interests
• lodging and adjudicating Proofs of Debt
• attendance at creditor’s meetings

Litigation

As strong litigators, our insolvency team can and often advises and appears in matters, including:

• the examination of directors, other company officers and bankrupts
• insolvent trading claims and the recovery of voidable transactions, unfair preferences, un-commercial transactions and assets pursuant to Part 5.7B of the Corporations Act 2001
• breach of directors’ duties in relation to the Corporations Act 2001
• creditor priority claims
• the disclaiming of onerous property
• retention of title claims
• annulment and review of bankruptcies pursuant to Party VII of the Bankruptcy Act 1966