Post Insolvency & Bankruptcy

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.


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


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