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Who we act for

Taylor David is an expert insolvency, restructuring and commercial litigation practice acting across Australia. Our clients come to us in different roles, with different pressures and different questions. This page explains how we help each of them.

Liquidators, administrators and bankruptcy trustees

Insolvency practitioners need lawyers who understand the appointment, the funding position and the commercial reality of recovery. We advise liquidators, administrators, receivers and bankruptcy trustees on claims, examinations and litigation. We assess prospects early and give a clear view on whether a claim is worth pursuing. Where funding is needed, we work with litigation funders and creditors to structure it.

We help with:

Accountants and advisers

Accountants, tax agents and business advisers are often the first to see financial distress. Many of our matters start with a referral from an adviser who needs a legal view quickly. We work alongside you, not around you. You keep the client relationship and we handle the legal issues. That may be a director penalty notice, a statutory demand or a company that needs a restructuring plan. We give practical advice that fits the numbers you already know. We respond to new enquiries within 48 hours and keep you informed as the matter progresses.

We help with:

Company directors and business owners

Directors facing financial pressure need clear advice before the position worsens. We advise directors and owners on their duties, their personal exposure and the options available to the company. That includes safe harbour protection, voluntary administration, small business restructuring and informal workouts with creditors. We also defend directors against claims by liquidators and the Australian Taxation Office. Personal guarantees and bankruptcy risk are part of the same conversation. Our aim is to protect the director and, where possible, preserve the business. Early engagement gives the widest range of options.

We help with:

Creditors, suppliers and subcontractors

Unpaid creditors need to know their realistic options and the cost of each. We act for suppliers, subcontractors, landlords and service providers owed money by Australian companies. We advise on demands, winding-up applications, security interests and recovery from guarantors. In the construction sector, we act for subcontractors and suppliers caught by a head contractor’s collapse. We also defend creditors against preference claims brought by liquidators. Our advice is commercial. If a debt is not worth chasing, we will say so.

We help with:

Banks, private credit funds and secured lenders

Lenders need advice that protects security and recovers value without unnecessary cost. We act for banks, private credit funds and other secured lenders on distressed loans and enforcement. That includes appointing receivers, enforcing security, negotiating standstill arrangements and managing the lender’s position through a formal insolvency. We advise on priority disputes, PPSR issues and claims by liquidators against secured parties. Where a borrower can be turned around, we help structure the workout. Where it cannot, we move to enforcement efficiently. We also obtain freezing orders where assets are at risk of dissipation.

We help with:

Investors buying distressed businesses or assets

Distressed acquisitions move quickly and carry risks that ordinary transactions do not. We act for investors, trade buyers and funds acquiring businesses or assets from administrators, liquidators and receivers. We advise on deal structure, due diligence in a compressed timeframe and the protections available to a buyer. That includes purchases through a deed of company arrangement, asset sales from external administrators and loan-to-own strategies. We also act in the mining and resources sector, where projects and tenements often change hands in distress. Our insolvency background means we understand what the seller can and cannot deliver.

We help with:

Overseas clients with Australian matters

Clients in the Middle East, Asia and Europe engage us when an Australian company, debtor or asset needs attention. We act for overseas creditors, investors, directors and insolvency practitioners on Australian law matters only. We can enforce foreign judgments in Australia, recover debts from Australian companies and advise overseas directors of Australian companies on their obligations. We can meet by video at a time that suits your time zone. Chinese and Arabic versions of our key pages are available. We do not advise on the law of other countries, but we work with your local lawyers where needed.

We help with:

Shareholders and partners in dispute

Disputes between owners can paralyse an otherwise sound business. We act for shareholders, directors and partners in disputes over control, money and conduct. That includes oppression claims, breaches of fiduciary duty, deadlock and the removal of directors. We also advise on exits, buy-outs and winding up on just and equitable grounds where the relationship cannot be repaired. Our approach is to identify the commercial outcome you want and build the strategy around it. Litigation is one tool. Negotiation and a structured separation are often better ones.

We help with:

How we work

Whoever you are, four things stay the same.

  • Engage early. The sooner we are involved, the more options remain open.
  • Understand the numbers. We read the financials before we advise, so the legal strategy fits the commercial position.
  • Strategy from day one. We set out the likely path, the cost and the decision points at the start.
  • 48-hour response. We respond to every new enquiry within two business days.

Meet our people.

To discuss your situation in confidence, contact us on +61 7 3229 9800 or send us an enquiry online.