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Insolvency

In the often sensitive and frequently complex area of insolvency and restructuring, events change quickly, making it essential to have access to responsive, knowledgeable and experienced lawyers.
Clear, straightforward advice
Gadens’ national insolvency team combines technical skills and commercial insight that gives our clients confidence that their needs will be met efficiently, however challenging their circumstances.
We focus on achieving the best possible outcomes.  At the start of each matter, we listen carefully to our clients to establish their business priorities.  We quickly identify the key issues, and work side-by-side with them at each crucial stage.  Throughout, each matter, our lawyers remain accessible and provide clear, high quality advice.
Expertise to rely on
Our specialised insolvency team advises insolvency practitioners and financial services providers, including banks and non-bank lenders, in an extensive range of technical and complex legal issues and litigation claims.  These include workouts, reconstructions, post and pre-lend reviews, voluntary administrations, deed of company arrangements, receiverships, liquidations, preference recovery actions, insolvent trading claims, bankruptcy and Part X arrangements.
We are especially experienced in implementing contract restructuring and recovery strategies in the property and construction industries for financial institutions and insolvency practitioners.
The team is supported by skilled lawyers from our taxation, corporate advisory, intellectual property and finance teams.
Experience
  • Austin:  appointment of an administrator and ongoing advice to the liquidator on completion of building works, retention of title claims and rejections of proofs following the ultimate liquidation of the company
  • Australian Securities and Investment Commission:  wind up of unregistered managed investment schemes, asset recovery and enforcement of claims against third party professional advisers
  • Bathurst Coaches:  company voluntary administration involving fraudulent equipment finance transactions and competing claims between major financiers
  • Blueprint Developments:  appointment of receivers and managers, advising on the completion of development projects
  • Karl Suleman Enterprises (Froggy.com):  acting for the liquidator in Supreme Court proceedings against 17 defendants pursuing recovery of voidable transactions
  • Masri Apartments and AUS Constructions:  wind up of companies engaged in the development of a multi-unit residential and commercial complex in Western Sydney
  • My Five Star Holdings:  administration of My Five Star Holdings which resulted in the entry to a Deed of Forbearance, secured properties included contaminated land
  • Oates Properties Receivership:  defending lease litigation proceedings and priority disputes with a major financier in the NSW Supreme Court
  • Peridon:  acting for the liquidator of the trustee company holding title to two retirement villages in the wind up of an unregistered managed investment scheme where the applicant sought to transfer the property to a responsible entity
  • Persepolis Developments:  major construction workout and equity introduction
  • Rubicon Group:  acting for the receivers in a sale of the secured creditor’s debt to a multinational corporation and providing advice to the receivers on their obligations under the sale arrangements
  • Selectv Broadcasting:  acting for the voluntary administrators of pay television operator (including commencing proceedings for the immediate delivery up of assets) which resulted in the entry into a Deed of Company Arrangement
  • Scots Church:  acting for the receiver in Supreme Court litigation for the specific performance of a land transfer, providing advice to the receiver on trust claims advice regarding commissions due to estate agents verses rights as unsecured creditors
  • Summit Mortgage Fund:  advising the liquidator of the responsible entity of the Summit Mortgage Fund, a registered managed investment scheme, on statutory duties on liquidation of assets
  • The Bowden Group of Companies:  acting on behalf of the administrators of an orchardist group of companies appointed with the support of the secured creditor
  • Westpoint Constructions:  acting for the receiver following the collapse of the Westpoint Group, advice on union claims for unpaid wages, retention of title, defect liability and claims on performance guarantees.
Key contacts

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