We have advised on many of Australia's largest and most notable insolvency administrations.
We specialise in insolvency matters requiring careful attention, tested experience and a high degree of expertise.
Unfair preference actions:
- Acting for the successful plaintiff liquidator in the Full Federal Court of Appeal in Morton as Liquidator of MJ Woodman Electrical Contractors Pty Ltd v Metal Manufacturers Pty Limited  FCAFC 228, confirming set-off is unavailable as a defence to a preference claim. That matter is presently on appeal to the High Court.
- 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) 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  FCA 2154.
- Successfully having transactions declared unfair preferences for the liquidator in Morton & Anor v Rexel Electrical Supplies Pty Ltd  QDC 49, successfully opposing an appeal in Rexel Electrical Supplies Pty Ltd v Morton  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)  QDC 6.
- Our practitioners have otherwise been engaged to act in over 500 unfair preference actions.
- 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)  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)  FCA 1458.
- 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).
- Successfully opposing a liquidator’s application to extend the time to bring proceedings under section 588FE in Baskerville v Baskerville & Ors  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 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  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.