Insolvency

We have advised on many of Australia's largest and most notable insolvency administrations.

Background

We specialise in insolvency matters requiring careful attention, tested experience and a high degree of expertise.

Practical Examples

Unfair preference actions:
  • Obtaining costs orders for the liquidator against 21 respondents after successfully having the date of insolvency determined: In the matter of Cullen Group Australia Pty Ltd (in liq)[2020] QSC 367.
  • Acting for the successful liquidator to have certain transactions declared unfair preferences within the meaning of section 588FA of the Corporations Act 2001 (Cth): Trenfield, in the matter of ACN 089 008 668 Pty Ltd (in liq) v JMD Park Pty Ltd [2019] FCA 2154.
  • Successfully having transactions declared unfair preferences for the liquidator in Morton & Anor v Rexel Electrical Supplies Pty Ltd [2015] QDC 49, successfully opposing an appeal in Rexel Electrical Supplies Pty Ltd v Morton [2015] QCA 235 and then having indemnity costs awarded in favour of the liquidator for the entire action in Morton & Anor v Rexel Electrical Supplies Pty Ltd (No 2) [2016] QDC 6.
  • Our practitioners have otherwise been engaged to act in over 500 unfair preference actions.
Bankruptcy/Annulments:
  • Successfully having the bankruptcy of Mr Nathan Tinkler annulled, wiping debt exceeding $2.12 billion.
  • Successfully annulled the bankruptcy of hospitality entrepreneur, Mr Damien Griffiths, resolving more than $30 million in debt.
  • Acting on behalf of Mr Nathan Tinkler to set aside the decision of his bankruptcy trustee, ultimately permitting him to travel to the United States: Tinkler v Melluish (Trustee); in the matter of Tinkler (Bankrupt) ​[2017] FCA 52.
  • Establishing new law determining that specific evidence used in one proceeding will not breach an implied undertaking to be utilised in another: Roufeil v Fiore, in the matter of the Bankrupt Estate of Peter Andrew Fiore (No 4) [2020] FCA 1458.
Public examinations:
  • Engaged by both examinees and insolvency practitioners in many of Australia’s largest public examinations conducted under the Corporations Act 2001 (Cth) and the Bankruptcy Act 1966 (Cth).
Other matters
  • Successfully opposing a liquidator’s application to extend the time to bring proceedings under section 588FE in Baskerville v Baskerville & Ors [2021] QSC 292.
  • Advising the Australian, Hong Kong and Fijian Governments in review/drafting of their respective corporate reconstruction legislation.
  • Acting on behalf of the successful administrator to have him installed as liquidator upon hearing of the winding up application: Deputy Commissioner of Taxation, in the matter of R & J Percy Pty Ltd v R & J Percy Pty Ltd[2011] FCA 1266.
  • Acting for a bankruptcy trustee to successfully obtain orders to have the Registrar execute a release of mortgage: Leroy as trustee for the Bankrupt Estate of Shinton v Sun Sheetmetals (Qld) Pty Ltd [2017] FCCA 2735.
Our experience extends to:
  • Drafting necessary legislative insolvency reform for both Australian and international governments.
  • Advising insolvency practitioners on all aspects of the external administration/bankruptcy process.
  • Regularly appearing in a voidable transaction and insolvent trading claims for insolvency practitioners and defendants.
  • Advising a variety of stakeholders on all variations of external administration.
  • Advising creditors on enforcement rights.
  • Advising on all facets of personal insolvency, including the bankruptcy annulment process.