Insolvency Lawyer Brisbane
Corporate Restructuring & Litigation
Facing financial distress is one of the most challenging periods for any business, creditor, or director. When legal action is unavoidable, you need more than general legal advice. You need an experienced Insolvency Lawyer in Brisbane.
At Roberts Litigation, we understand that insolvency matters are often high-stakes commercial disputes. We combine deep technical knowledge of the Corporations Act and Bankruptcy Act with our established track record as skilled commercial litigators. We provide prompt, clear, and results-driven legal assistance to businesses, individuals in Brisbane, Queensland.
Obligation free consult
Expert legal advice
Proven track record
Trusted Corporate Insolvency & Restructuring Advice
Our team provides both early and proactive advice on all aspects of company insolvency and restructuring. We focus on protecting your business interests and reducing personal risk.
Trusted Corporate Insolvency & Restructuring Advice
Our team provides both early and proactive advice on all aspects of company insolvency and restructuring. We focus on protecting your business interests and reducing personal risk.
For Directors and Companies
The pressure on company directors during financial difficulty is immense. We give important, quick advice to make sure you follow the rules. We also look at all possible restructuring choices.
-
Directors’ Duties and Safe Harbour: Strategic counsel on managing financial distress, fulfilling directors' duties, and leveraging the Safe Harbour provisions to protect the company from potential insolvent trading claims.
-
Statutory Demands and Winding-Up: Swift action to respond to a creditor's statutory demand, including applications to set aside demands, negotiate settlements, or defend winding-up applications in the Federal Court.
-
Director Penalty Notices (DPNs): Expert advice on the legality and options for challenging DPNs issued by the ATO.
-
Formal Appointments: Guidance through Voluntary Administration and Liquidation processes, advising on stakeholder rights and responsibilities.
For Creditors and Financiers
We are dedicated to maximising your recovery and enforcing your rights when a debtor becomes insolvent.
-
Debt Recovery: Issuing effective creditors’ statutory demands and aggressively pursuing debt recovery action against debtor companies and individuals.
-
Security Enforcement: Advising on and executing enforcement actions, including the appointment of receivers and managers, to realise secured assets.
Protecting Preference Payments: Defending businesses against 'claw-back' claims, specifically those concerning unfair preference claims and voidable transactions sought by liquidators.
Insolvency Litigation: Our Core Strength
As a dedicated litigation firm, we excel in the courtroom. We act for all parties in complex insolvency disputes, ensuring we are prepared to litigate fiercely to protect your position.
Our legal action skills include:
-
Voidable Transaction Litigation: Both prosecuting claims on behalf of insolvency practitioners (for unfair preferences, uncommercial transactions, and unfair loans) and mounting robust defences for corporate and individual clients.
-
Insolvent Trading Claims: Advising directors on claims brought under the Corporations Act and developing sophisticated litigation strategies to defend allegations of insolvent trading.
-
Public Examinations: Representing individuals and companies in responding to and conducting public examinations under the Corporations Act.
-
Creditor Priority Disputes: Resolving complex disputes between secured and unsecured creditors, including issues relating to the Personal Property Securities Act (PPSA).
Personal Insolvency (Bankruptcy) Advice
While many insolvency matters are corporate, our Brisbane insolvency lawyers also provide comprehensive advice for individuals facing or pursuing bankruptcy proceedings.
-
Creditor’s Petitions: Acting for creditors to issue bankruptcy notices and pursue sequestration orders to enforce payment against individuals.
-
Defending Bankruptcy: Assisting individuals served with a bankruptcy notice, advising on the options to dispute the debt or negotiate a commercial resolution.
Why Choose Roberts Litigation in Brisbane?
We don't just manage cases; we manage conflicts. Our proactive, strategically clear approach sets us apart as a preferred Insolvency Lawyer for clients seeking certainty in uncertain times.
-
Litigation-Focused: We approach every insolvency matter with a litigator’s mindset, preparing a case for court from day one, which often leads to stronger negotiating positions outside of court.
-
Commercial Acumen: We deliver pragmatic advice that always balances legal risk against commercial reality and cost-effectiveness.
-
Immediate Action: Financial distress demands urgency. We provide timely and responsive legal support to meet strict statutory deadlines.
If you are a director, creditor, or insolvency practitioner seeking expert advice in corporate or personal insolvency, contact us today for a consultation.
Get Advice Before It's Too Late
Financial stress and insolvency matters move fast. Our insolvency lawyer at Roberts Litigation can step in immediately to protect your position and guide you through the complex debt resolution or restructuring process.
-
Your first discussion is confidential and obligation-free. Don't wait for the QBCC to make the next move.
-
Call +61 7 3725 8605 or request a call back, and our team will respond promptly.
Supporting businesses in Qld, NSW and Vic
Clear guidance, timely action
Personal, attentive service
It doesn't cost you anything to know where you stand.
Insolvency Law FAQs
What is insolvency, and what are the main implications for both businesses and individuals in Australia?
Insolvency is a state of financial distress where a person or company is unable to pay their debts as and when they fall due. It is governed by insolvency law in Australia, primarily through the Corporations Act (for companies) and the Bankruptcy Act (for individuals).
-
For Businesses (Corporate Insolvency): Insolvency can lead to formal procedures like voluntary administration or liquidation, potentially resulting in the closure of the business, job losses, and significant liability for directors, especially concerning director penalty notices and potential claims for voidable transactions (like unfair preference or uncommercial transactions).
-
For Individuals: Insolvency generally leads to personal bankruptcy, affecting their ability to manage finances, hold certain offices, and potentially resulting in the loss of certain assets.
What are the common causes of insolvency in Brisbane?
Common causes of insolvency, whether for corporate or individual clients in Brisbane, include:
-
Poor Cash Flow Management: Inefficient handling of working capital and unexpected expenses.
-
Economic Downturns: Sector-specific crises or general economic slowdowns impacting revenue.
-
Excessive Debt/Leverage: Over-reliance on secured loans and unsecured loans that become unmanageable.
-
Legal or Regulatory Issues: Failing to meet legal requirements, adverse outcomes from commercial disputes or lawsuits, or fines following Regulatory Investigations.
-
Unforeseen Events: Disruption of supply chains, loss of key contracts, or large court claims.
How does the insolvency process work in Brisbane under Australian Law?
The specific insolvency process depends on whether it's a company or an individual:
-
Corporate Insolvency: A company enters insolvency typically through one of three routes:
-
Voluntary Administration: Directors appoint an insolvency practitioner to review the company’s affairs, culminating in a proposal for a deed of company arrangement (DOCA) or a decision to liquidate.
-
Liquidation: Either voluntary (members' or creditors' voluntary liquidation) or court-ordered, usually following a failure to comply with statutory demands or a successful winding-up application by a creditor.
-
Receivership: A secured creditor appoints a receiver to take control of specific charged assets.
-
-
Personal Insolvency (Bankruptcy): An individual can choose to declare bankruptcy, or a creditor can petition the court based on an unpaid bankruptcy notice to commence the bankruptcy process.
What types of bankruptcy or insolvency options are available in Brisbane?
The main options available under Australian insolvency law are:
-
Corporate:
-
Voluntary Administration (VA): A temporary measure allowing the company to trade while a solution is sought, potentially resulting in a deed of company arrangement (DOCA) or liquidation.
-
Liquidation: The orderly winding up of the company's affairs and distribution of assets to creditors.
-
Informal Corporate Restructuring: Measures like a scheme of arrangement or entering turnaround services to avoid formal proceedings.
-
-
Individual (Personal):
-
Bankruptcy: A formal process under the Bankruptcy Act where assets vest in a bankruptcy trustee.
-
Part X arrangements: Formal proposals to creditors (e.g., controlling property via a trustee or a personal insolvency agreement) to avoid or end bankruptcy.
-
What services does an insolvency lawyer in Brisbane provide?
An Insolvency Lawyer gives full legal services to handle the difficulties of company and personal financial problems. These services often include:
-
Dispute Resolution and commercial litigation relating to insolvency matters.
-
Advising directors on director penalty notices, statutory demands, and personal liability.
-
Defending or prosecuting claims involving voidable transactions, unfair preferences, and uncommercial transactions.
-
Acting for secured creditors in security enforcement and recovery actions.
-
Handling winding-up applications and applications for Provisional liquidations.
-
Providing specialist knowledge and strategy in complex corporate insolvency and restructuring, and insolvency law.
How can an insolvency lawyer in Brisbane help with debt restructuring or business turnaround?
An insolvency lawyer forms a critical part of a business's advisory team during a turnaround:
-
Strategic Legal Advice: They design the legal strategy for corporate restructuring, including advising on informal arrangements like loan-to-own strategies or the legal implications of a debt-for-equity swap.
-
Formal Restructuring: They manage the legal requirements for formal processes like the voluntary administration process or a scheme of arrangement.
-
Risk Mitigation: They advise the board on compliance with directors' duties and leveraging tools like Safe Harbour provisions to legally continue trading while a solution is implemented.
-
Negotiation and Documentation: They negotiate with secured creditors, unsecured creditors, and other stakeholders, ensuring all restructuring agreements and deeds of company arrangement meet legal requirements for effective results.