Insolvency & Corporate Reconstruction
Our Insolvency & Corporate Reconstruction team advises and acts on all aspects of insolvency and reconstruction law, and acts for insolvency practitioners, secured lenders, general creditors and directors.
We provide strategic advice and litigation services including:
- the legal obligations of directors and insolvency practitioners;
- the options available to directors of distressed companies, including initiating a voluntary administration (which may be followed by a Deed of Company Arrangement), or a liquidation;
- commercial and legal issues involving property of the company and reports to creditors;
- Deeds of Company Arrangement.
Our recent experience includes acting in the formal insolvency administration of public companies in which the shell of the insolvent company is "sold" to facilitate the ASX listing of another business. We advise on the practical and legal issues which the company, its administrators, directors, investors, their advisers and lenders, must be aware of, particularly in relation to the treatment of creditors' claims, which may attract ASIC scrutiny.
We are assisted by a team of experienced corporate lawyers. Our corporate team advises on related legal and commercial issues including listing companies on the ASX, either by initial public offerings or "back door" listing and reconstruction.
Services include:
- security enforcement - including on guarantees
- asset structuring
- corporate litigation including shareholder disputes
- ASIC investigations
- bankruptcy