Insolvency

Taylor David has advised on many of Australia’s largest and most notable insolvency administrations.

We have been recognised as a leading insolvency and restructuring firm by Doyles Guide each consecutive year from 2019.   Doyles Guide is an independent organisation that ranks law firms based on interviews with clients, peers and relevant industry bodies.

Unique to other practices, many of our practitioners are dually qualified accountants and lawyers with specialist postgraduate qualifications in restructuring and insolvency.

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

Our clients include leading insolvency practitioners, directors, SMEs, larger corporations, governments and financial institutions.

Our experience extends to:

  • Drafting important legislative insolvency reform for both Australian and international governments.
  • Advising insolvency practitioners on all aspects of the external administration/bankruptcy process.
  • Regularly appearing in voidable transaction and insolvent trading claims for both 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, inclusive of the bankruptcy annulment process.

Some practical examples of our practitioners’ experience include:

  • 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 annulling the bankruptcy of hospitality entrepreneur, Mr Damien Griffiths, resolving debt of more than $30 million.
    • 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 certain 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 both the Corporations Act 2001 (Cth) and the Bankruptcy Act 1966 (Cth).
  • Other matters
    • Successfully opposing a liquidator’s application to extend 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.