Insolvency
Tested experience in Australia’s most significant insolvencies
Who we act for
We act on insolvency matters that call for careful judgement, deep experience and technical precision — for liquidators, administrators and bankruptcy trustees; creditors; directors and individuals; and governments.
Selected matters
Unfair preferences
Metal Manufactures Pty Limited v Morton [2023] HCA 1
Acted for the successful liquidator in the High Court of Australia, which confirmed that set-off is not a defence to an unfair preference claim. We also acted in the Full Federal Court: Morton as Liquidator of MJ Woodman Electrical Contractors Pty Ltd v Metal Manufactures Pty Limited [2021] FCAFC 228.
In the matter of Cullen Group Australia Pty Ltd (in liq) [2020] QSC 367
Established the date of insolvency and obtained costs orders for the liquidator against 21 respondents.
Trenfield v JMD Park Pty Ltd [2019] FCA 2154
Transactions declared unfair preferences under section 588FA of the Corporations Act 2001 (Cth).
Morton & Anor v Rexel Electrical Supplies Pty Ltd [2015] QDC 49
Transactions declared unfair preferences for the liquidator.
Our practitioners have acted in more than 500 unfair preference actions.
Bankruptcy and annulments
Annulled one of the largest bankruptcies in Australian history, with more than $2.12 billion of admitted creditor claims.
Annulled the $29 million bankruptcy of hospitality entrepreneur Mr Damien Griffiths.
Tinkler v Melluish (Trustee) [2017] FCA 52
Set aside the trustee’s decision, allowing Mr Tinkler to travel to the United States.
Roufeil v Fiore (No 4) [2020] FCA 1458
Established that using specific evidence from one proceeding in another does not breach the implied undertaking.
Leroy v Sun Sheetmetals (Qld) Pty Ltd [2017] FCCA 2735
Obtained orders for the Registrar to execute a release of mortgage for a bankruptcy trustee.
Public examinations
Engaged by both examinees and insolvency practitioners in many of Australia’s largest public examinations under the Corporations Act 2001 (Cth) and the Bankruptcy Act 1966 (Cth).
Other matters
Baskerville v Baskerville & Ors [2021] QSC 292
Successfully opposed a liquidator’s application to extend time to bring proceedings under section 588FE.
Deputy Commissioner of Taxation v R & J Percy Pty Ltd [2011] FCA 1266
Had the administrator appointed as liquidator on the winding-up application.
Advised the Australian, Hong Kong and Fijian governments on reviewing and drafting corporate reconstruction legislation.
How we help
Advising insolvency practitioners on every aspect of external administration and bankruptcy
Running voidable transaction and insolvent trading claims
Advising stakeholders on all forms of external administration
Advising creditors on their enforcement rights
Personal insolvency, including bankruptcy annulments
Reviewing and drafting insolvency law reform for Australian and overseas governments
Doyle’s Guide 2026 — Recommended, Leading Insolvency & Restructuring Law Firms, Queensland.
Guides
Common situations we advise on
Director penalty notices
What to do in the 21 days after a director penalty notice, and how lockdown notices work.
Read the guide →
Statutory demands
Setting aside a creditor’s statutory demand, or serving one, within the 21-day timetable.
Read the guide →
Unfair preference claims
Responding to a liquidator’s demand to repay payments received before liquidation.
Read the guide →
Personal guarantees and bankruptcy
Personal guarantees, bankruptcy notices and the alternatives to bankruptcy.
Read the guide →
Voluntary administration and restructuring
Voluntary administration, small business restructuring and liquidation compared.
Read the guide →
Safe harbour for directors
How directors can pursue a turnaround while protected from insolvent trading liability.
Read the guide →
Insolvent trading
Directors’ personal liability under s 588G, the defences, and responding to a liquidator’s claim.
Read the guide →
Directors’ duties and personal liability
Every route by which a director can become personally liable, and the protections available.
Read the guide →
Winding-up applications
Defending an application against your company, or winding up a debtor company.
Read the guide →
Liquidator claims
Public examinations, voidable transactions and director loan account demands.
Read the guide →
Cross-border insolvency
How foreign liquidators and trustees obtain recognition and relief in Australia under the Model Law.
Read the guide →
Overseas creditors and Australian debtors
Recovering debts from Australian companies and individuals when you are based overseas.
Read the guide →
Distressed acquisitions in Australia
Buying businesses and assets out of administration, receivership or liquidation.
Read the guide →
Overseas directors of Australian companies
Duties, personal liability and practical risks for directors based outside Australia.
Read the guide →
Frequently asked questions
Questions we are often asked
What happens in a voluntary administration?
An independent administrator takes control and investigates the company. Creditors then vote on its future, usually within about five weeks: a deed of company arrangement, a return to the directors, or liquidation.
What is an unfair preference claim?
If an insolvent company paid a creditor in the lead-up to liquidation (generally six months for unrelated creditors) and the creditor received more than it would in the liquidation, the liquidator can seek to recover the payment. Since Metal Manufactures Pty Limited v Morton [2023] HCA 1, set-off is not a defence.
Can a bankruptcy be annulled?
Yes. A bankruptcy can be annulled if all debts are paid in full, if creditors accept a composition or arrangement, or if the court finds the bankruptcy should not have occurred.
We are owed money by a company in liquidation. What can we do?
Lodge a proof of debt and take part in creditor meetings. If you hold security, check it is registered on the PPSR and consider your enforcement rights. If you received payments before the appointment, get advice on your exposure to a preference claim.
These answers are general information, not legal advice.
The earlier we talk, the more options you have.
Email us at [email protected], send us an enquiry online or call +61 7 3229 9800. Every enquiry is treated in confidence.