McCabe Terrill’s insolvency and restructuring team has extensive experience in all aspects of insolvency law. We have the resources and the skills to deliver commercially astute legal advice to entities in external administration, insolvency practitioners, creditors and buyers of assets from insolvent entities.
Our team offers particular expertise in the following areas:
- Corporate insolvency – advising and acting on behalf of liquidators, administrators, receivers, creditors, directors and shareholders in relation to external administration processes under the Corporations Act. These include: winding up proceedings; the appointment and challenging of receivers, liquidators and administrators; acting in derivative proceedings, insolvent trading, voidable transactions; drafting and advising on deeds of company arrangement
- Restructuring – private and corporate restructuring in order to manage risks and optimise the benefit of re-organisation. We have acted on the restructures of a number of large Australian companies, working closely with clients’ tax and accounting advisers to manage each step of the process
- Personal insolvency – advising on personal insolvency processes under the Bankruptcy Act 1966. We also act on behalf of trustees seeking to recover monies, and advise on Part X arrangements and personal solvency agreements
- Insolvency practitioners – advising insolvency practitioners in relation to their role, powers, obligations and functions. This includes advising on the consequences and transfer of appointments, and advising practitioners of their duties under the Corporations Act and Bankruptcy Act for the continued operation of the partnership, business or company
- Transactions – acting for insolvency practitioners and buyers of assets from insolvent entities as well as advising on flow-on legal arrangements such as joint ventures and fundraising to recapitalise transferred businesses