The legal framework around corporate and personal insolvency can be difficult to navigate for even the most experienced insolvency practitioners.  The dispute resolution team at Harwood Andrews is well equipped to provide specialised and proactive advice to all parties involved in insolvency.  Whether you are

  • an insolvency practitioner requiring specific and tailored legal advice including pursuing claims in an administration;

  • a creditor of a company in liquidation;

  • a creditor of a bankrupt; or

  • a potential bankrupt or director of a company facing insolvency,

We can assist you in navigating this technical area of law.

Insolvency Practitioners

Harwood Andrews has long provided advice to insolvency practitioners with respect to both litigious and non-litigious matters.   We can assist you with:

  • recovery of voidable transactions including unfair preference claims and other uncommercial transactions;

  • dealing with trust assets;

  • making Personal Property Securities Register and retention of title claims;

  • resolving remuneration disputes;

  • navigating settlement negotiations, including preparation of deeds of settlement;

  • undertaking public and private examinations;

  • preparing deeds of company arrangement; and

  • understanding your duties when exercising discretion.

Creditors and Mortgagees

Recovery of debt from an entity facing insolvency (corporate or otherwise) can be a frustrating process for secured and unsecured creditors alike.   The disputes team at Harwood Andrews is experienced in debt recovery and can assist creditors with:

  • understanding the ramifications of ipso facto reforms;

  • enforcing security;

  • debt recovery including letters of demand and commencing proceedings;

  • defending unfair preference claims;

  • issuing creditors statutory demands and wind up applications;

  • ensuring PPSR priority and enforceability; and

  • undertaking mortgagee sales.

Companies and individuals facing financial difficulty

Recent developments in the law mean that directors are provided with greater protection when navigating potential insolvency situations, with the aim of continuing to trade through difficult financial periods.  Harwood Andrews can assist at all stages, from the first signs of financial difficulty through to entry into voluntary administration. Specifically, we can assist with:

  • defending litigation brought by creditors;

  • undertaking negotiations with creditors;

  • guidance through the process of voluntary liquidation and administration or filing a debtors petition;

  • defending winding up applications in the Supreme and Federal Court systems;

  • defending insolvent trading claims and providing advice with respect to safe harbour reforms;

  • setting aside bankruptcy notices and creditors statutory demands; and

  • asset protection.