Find Lawyers in Melbourne, Australia for Insolvency and Reorganization Law
Practice Area Overview
In Australia there is no equivalent to the Chapter 11 process. Instead, formal corporate restructures are normally conducted through the voluntary administration process. This is a non-judicial process and is primarily regulated by creditors voting at meetings of creditors convened by voluntary administrators appointed by the directors of the company in administration. Speed of turnaround is the primary advantage of this process, enabling control of the companies to be returned to creditors if their proposal is agreed to by the majority of creditors, but it does have limitations, in particular in dealing with the claims of all stakeholders, and at times a scheme of arrangement, involving court approval, is the only means to achieve the desired outcome. Nevertheless, the process has been used successfully to deal with very large administrations, and has shown itself to be very flexible.
There also is an increasing trend for informal turnaround and restructure options, with secured creditors entering into moratorium arrangements in preference to appointing receivers. This has the advantage of allowing the business to restructure its business operations in a controlled environment, with the ongoing support of the secured creditors, and maximizes the return to those creditors. This work is still at an embryonic stage of its development, and is yet to be properly regulated.
Invariably, there is a great deal of litigation associated with businesses who experience insolvency, and most practitioners are well-versed in conducting litigation on behalf of companies, creditors, directors and liquidators and other insolvency practitioners. These range from direct insolvency type claims, such as insolvent trading, uncommercial transaction or preference claims, to claims dealing with secondary issues such as breach of contracts, negligence and auditor claims, and breach of director duties claims. Practitioners therefore tend to have a broad range of experience across many areas of practice, and typically will work with other practitioners in their firm to bring in their expertise.
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Michael is a banking and finance Partner with extensive experience in major asset restructuring and insolvency transactions, and associated dispute resolution. Michael lives and works in Melbourne and Adelaide and has experience practising throughout Australia. With a principal focus on high-end insolvency work, Michael has particular expertise in restructuring including formal administrations and Deeds of Company Arrangements, informal workouts, securities enforcement and associated dispute ...
Chris’ practice focuses on advice, dispute resolution and litigation in the principal areas of: retail and commercial leasing – advising a number of Australia’s largest retail and commercial landlords and tenants in matters of strategy, developments, risk assessment and management, alternative dispute resolution, and litigation property disputes – advising clients in terms of trustee relationships, adverse possession, compulsory acquisition, land valuation, and caveats...
Nick Curran is a Partner in the Disputes team with more than 15 years’ experience in commercial litigation and dispute resolution, and restructuring and insolvency. He advises insolvency practitioners, banks and individuals in relation to all aspects of corporate insolvency including receivership, voluntary administration and liquidation, as well as personal insolvency. He also acts for a variety of companies and businesses involved in commercial litigation, including publicly-listed co...
Norman has more than 20 years' experience in dispute resolution and litigation, banking and finance, corporate insolvency, and bankruptcy. Norman acts for a number of major insolvency accountants and financial institutions, and has been an adviser in a number of Victoria’s large insolvency administrations. He also regularly acts for a number of major corporate clients in complex litigation. Norman’s approach is to work closely with his clients to identify commercial imperatives wh...
Louise Gehrig is a highly experienced litigator with more than 20 years’ experience in litigation and dispute resolution in corporate and commercial law, trust and estate litigation, particularly at Supreme and Federal Court level. Louise’s areas of expertise include property and commercial disputes, Australian Consumer Law including unconscionable conduct and misleading and deceptive conduct in business, wills, estates and trust disputes, banking and finance litigation. She has...
Neil has more than 20 years' experience advising on all aspects of commercial dispute resolution. Neil's experience includes commercial litigation, banking and finance, insurance, insolvency, directors and officers claims, and claims under the Competition and Consumer Act and the Corporations Act. Neil regularly appears in the Supreme and Federal Courts and on behalf of clients during ASIC examinations. His clients include leading financial institutions, accountants, and corporate entities op...
Joanne is an experienced commercial litigator and insolvency lawyer within Piper Alderman’s Restructuring & Insolvency Team in Melbourne. Joanne acts for insolvency practitioners, accountants, company directors, secured and unsecured creditors and shareholders of companies facing financial distress or difficulties, which can sometimes lead to receivership, administration, or liquidation. Joanne regularly acts for parties involved in a range of commercial disputes including sharehold...
Alex King is a disputes, litigation and insolvency lawyer. He has a broad client base, which includes private clients, family-based businesses, publicly listed companies, large institutions and government bodies, in Australia and overseas. Alex recognises that his clients’ commercial imperatives are often unsuited to the costs and inconvenience of full-scale litigation and works with them to explore ways in which a dispute or litigation might be resolved quickly and commercially. Howeve...
Michael specialises in corporate and personal insolvency law and is recognised as one of Australia’s leading insolvency lawyers. He acts regularly for banks, financial institutions and other secured lenders providing advice in relation to the security enforcement. He acts for insolvency practitioners in all types of personal and corporate business restructuring and insolvency administrations. Michael is regularly engaged to act for companies and directors providing advice on the restruc...
Kim is a partner in the firm's Dispute Resolution & Litigation practice, with a particular focus on insolvency, complex commercial disputes, and class actions. In insolvency-related matters, she regularly acts on behalf of insolvency practitioners, advising on all matters arising in the administration or liquidation of the company and has conducted applications to Court for directions, undertaken liquidators’ examinations, prosecuted proceedings against directors, advisors and other...
Katherine’s primary expertise is in corporate insolvency, the PPSA, contractual disputes, misleading and deceptive conduct, and building and construction litigation in an insolvency context. Katherine partners closely with her clients to achieve their best strategic outcome efficiently and effectively. She proactively seeks an early favourable outcome. Where this is not available, emphasis on commerciality and strategic decision-making drive her management of formal disputes. Katherine&...
Louise is an insolvency lawyer with over 15 years’ experience, acting for a wide range of insolvency practitioners. Her extensive experience ranges from advising and acting for practitioners on issues arising on their appointment to pursuing insolvent trading claims and voidable transaction recoveries. She has also participated in high profile insolvency litigation. Louise also acts for creditors dealing with insolvency issues facing their businesses. Louise also practices in general co...
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