Trusted Insolvency and Bankruptcy Lawyers For Financial Distress
Insolvency & Bankruptcy
Insolvency Prevention, Business Recovery & Restructuring Support
Protecting Your Business Before It Fails
Early action is critical when facing financial distress. Our insolvency lawyers help stabilise struggling businesses, assess financial risks and develop strategies to recover before matters escalate.
Business Recovery Planning – Identify financial risks early and implement practical steps such as refinancing, restructuring debt and securing new funding.
Debt Negotiation & Workouts – Renegotiate liabilities with creditors and advisors to improve cash flow and prevent legal escalation.
Operational & Structural Reset – Review business operations, workforce arrangements and legal structures to restore commercial viability.
Turnaround Advisory – Receive ongoing commercial guidance to adjust strategy, protect directors and keep the business trading safely.
Corporate Insolvency, Administration & Legal Protection for Directors & Creditors
Insolvency Action & Asset Defence
When insolvency becomes unavoidable, we help navigate complex legal processes, protect your position and achieve the best commercial outcome whether you’re a company, director, or creditor.
Corporate Insolvency Advice – Understand your obligations when a company cannot pay debts as they fall due and avoid director liability.
Voluntary Administration & Liquidation Support – Navigate appointments, investigations, restructuring options and corporate governance requirements.
Asset Protection & Recovery – Manage litigation, trace assets, and resolve property transfers to safeguard or recover value.
Creditor Rights & Enforcement – Act for secured and unsecured creditors to maximise recovery and respond to insolvency events efficiently and strategically.
Expert Insolvency Guidance For Businesses & Individuals
Trusted Insolvency Support You Can Rely On
When financial pressures escalate, you need clear advice and fast action. Our insolvency team delivers focused support, strategic guidance and personalised solutions that help protect your position and move forward with confidence.
Specialist Expertise
We focus only on insolvency and bankruptcy, giving you precise, daily-practised advice.
Outcome Driven
We prioritise results that protect assets, reduce loss and avoid bankruptcy where possible.
Personal Support
Approachable guidance and clear steps so you always know where you stand.
Proven Experience
Decades of insolvency work across industries, turning complex situations into clear strategies.
Plain Language
No jargon. Just practical advice that lets you act with confidence.
Streamlined Process
We minimise delays, stress and cost with efficient, structured workflows.
All-Sides Insight
We act for companies, directors, practitioners and creditors, so we negotiate smarter.
Risk & Compliance Shield
We help you avoid breaches, penalties and personal exposure under complex insolvency laws.
Questions About Financial Distress & Recovery
Insolvency & Bankruptcy FAQs
Insolvency can be complex. These FAQs clarify key risks and options so you can move forward with confidence.
Is Insolvent Trading a Criminal Offence?
Pursuant to section 588G of the Corporations Act, it’s the company director’s duty to prevent an insolvent company from trading. Otherwise, they could face civil penalties, compensation proceedings and criminal charges.
Are Insolvency Practitioners Regulated?
Yes, the Australian Financial Security Authority (AFSA) is responsible for the regulation of the insolvency profession, specifically trustees and debt agreement administrators.
Do You Need an Insolvency Lawyer to File a Bankruptcy?
You can file bankruptcy even without a lawyer. However, bankruptcy is just one of the formal options available to manage your debt. It’s strongly recommended to seek the help of a qualified lawyer because bankruptcy has both financial and legal consequences.
What Is the Difference Between Corporate and Personal Insolvency?
In Australia, corporate insolvency differs significantly from personal insolvency. For companies registered with the Australian Securities and Investments Commission (ASIC), the ultimate outcome of insolvency is typically liquidation. In contrast, for individuals, the final stage is often bankruptcy, overseen by the Australian Financial Security Authority (AFSA).
When an Australian company faces insolvency or nears this state, several parties may become involved. An administrator, often appointed under Part 5.3A of the Corporations Act 2001, a receiver (potentially appointed by secured creditors), or a liquidator may step in. These appointments usually occur when the company either struggles to meet its financial obligations to creditors on time, or when its total liabilities surpass the value of its assets, as defined in Section 95A of the Corporations Act.
Bankruptcy, governed by the Bankruptcy Act 1966, is a legal procedure that individuals or partnerships (but not companies) in Australia may pursue to address their insolvency. It’s important to note that not every insolvent person will necessarily file for bankruptcy with the Official Receiver. In many cases, alternative solutions exist. For instance, individuals might negotiate informal arrangements with creditors, enter into debt agreements under Part IX of the Bankruptcy Act, or propose Personal Insolvency Agreements under Part X. These options, facilitated by registered trustees, often allow for debt resolution without resorting to full bankruptcy proceedings.
What Is Voluntary Administration?
When an Australian company faces financial distress, Voluntary Administration under the Corporations Act 2001 (Cth) offers a potential lifeline. This process involves appointing an independent Administrator to swiftly evaluate the company’s options and potentially avert liquidation.
The appointment of an Administrator can be initiated by various parties, including company directors, secured creditors like banks, or even liquidators from insolvency firms depending on the situation. If viable, the Administrator will strive to keep the business operational, negotiating with creditors ranging from the Australian Taxation Office (ATO) to trade suppliers. The primary outcomes are typically either a Deed of Company Arrangement (DOCA) approved by creditors at a meeting convened under section 439A of the Corporations Act, or the transition into liquidation overseen by the Australian Securities and Investments Commission (ASIC).
While Voluntary Administration can be a strategic path to corporate restructuring, it’s crucial to note that the Administrator’s duty lies with the company and its creditors collectively. Thus, if you’re a creditor or a director registered with ASIC, it’s imperative to seek personalised advice from qualified practitioners, such as those accredited by the Australian Restructuring Insolvency and Turnaround Association (ARITA), before opting for Voluntary Administration. This ensures you fully understand the implications for your individual position within the broader insolvency process.
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