Insolvency & Bankruptcy Lawyers
Bankruptcy and Insolvency Lawyers
Blackwattle Legal acts for corporate and individual debtors, secured and unsecured creditors, lenders, liquidators, voluntary administrators, receivers and bankruptcy trustees in Australia, in relation to Australian and overseas insolvency and bankruptcy matters.
We are specialists with deep expertise. Our expertise enables us to give you legal clarity coupled with highly pragmatic and commercial advice.
When companies face insolvent trading, we can provide the directors with safe harbour advice. The insolvent trading safe harbour applies where the directors start developing one or more courses of action that are reasonably likely to provide a better outcome for the company than an immediate liquidation or administration. If the directors can establish a safe harbour, they may be protected from insolvent trading liability arising from debts incurred directly or indirectly in connection with any such course of action – it is important to get safe harbour advice as soon the directors suspect insolvency.
Our lawyers are specialists with deep experience. Relevant sample matters which our lawyers have provided advice in include:
- Acting for a major Korean company to lift the automatic stay of litigation which arises when a company enters an insolvency procedure which enabled the Korean company to establish its debt through enforcement of a SIAC arbitral award
- Advising a judgment creditor as to its participation in and negotiation of a Deed of Company Arrangement
- Advising administrators from a Big 4 accountancy firm in relation to their powers in an administration
- Advising administrators from a Big 4 accountancy firm in the documenting of a Deed of Company Arrangement, and drafting the sales documentation for an associated business sale
- Advising the receivers of ASX listed securities in relation to their duty to exercise reasonable care in selling the securities for their fair market value
- Advising a liquidator as to whether an alleged debt constituted a secured debt benefiting from priority in a distribution to creditors
- Advising an administrator in relation to transfer of employees and their entitlements in a business sale under a Deed of Company Arrangement
- Advising a liquidator as to its rights to terminate several leases
- Acting for an administrator from a Big 4 accountancy firm in applying for summonses for several public examinations in the Federal Court
- Acting for an administrator in identifying and pursuing claims against former directors and senior employees for claims arising out of breach of fiduciary duties
- Advising an administrator in relation to obtaining a Letter of Request to be issued by the Federal Court of Australia to conduct a public examination in the High Court of England & Wales
- Acting for a large lender in replacing the Official Trustee and pursing its debt in a bankrupt estate
- Acting for a large lender in appointing a liquidator to several companies left without a director following the bankruptcy of the companies’ sole director
- Acting for a major UK football club in relation to a winding-up petition issued by Her Majesty’s Revenue & Customs
- Acting for a company in discharging a Statutory Demand
- Advised a major UK bed manufacturer about its claims against a factoring company and insolvent supplier for unpaid invoices
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