Insolvency Lawyers Brisbane

Corporate Restructuring and Insolvency

Corporate insolvency can affect the future of a business, the position of its directors and the rights of employees, creditors, shareholders and other stakeholders. A sound legal strategy requires more than responding to immediate debt. It requires an assessment of the company’s financial position, legal obligations and prospects for recovery or restructuring.

GLG Legal advises companies experiencing financial distress on corporate restructuring, small business restructuring and the options available before and during formal insolvency proceedings.

Our corporate insolvency lawyers can assist with:

• Assessing insolvency risks and the company’s legal position
• Developing corporate and financial restructuring strategies
• Advising on eligibility for small business restructuring
• Negotiating with secured creditors, financial institutions and trade creditors
• Advising on voluntary administration
• Preparing and negotiating deeds of company arrangement
• Advising during liquidation or receivership
• Managing disputes arising from formal insolvency appointments
• Advising on distressed business and asset transactions
• Commencing or defending insolvency-related proceedings

Where restructuring remains commercially viable, we work with clients and their financial advisers to identify a practical pathway forward. Where formal insolvency cannot be avoided, we provide strategic advice designed to manage risk, meet legal obligations and protect the client’s position throughout the process.

Insolvency Advice for Company Directors

Directors must make carefully informed decisions when a company is experiencing financial difficulty. Continuing to trade, making payments, transferring assets or entering into new transactions without properly assessing the company’s position may increase both corporate and personal exposure.

A GLG Legal insolvency lawyer in Brisbane can advise directors on their duties, risks and available options when a business is under financial pressure.

We assist directors with:

• Assessing whether a company may be insolvent
• Understanding directors’ duties during financial distress
• Managing potential insolvent trading exposure
• Responding to statutory demands and winding-up applications
• Assessing exposure under personal guarantees
• Preparing for voluntary administration, restructuring or liquidation
• Responding to investigations or claims brought by liquidators
• Addressing claims involving unreasonable director-related transactions
• Addressing allegations involving company transactions or director conduct
• Obtaining advice before making significant payments or transferring assets

The earlier a director obtains advice, the more opportunity there may be to assess restructuring options, address creditor pressure and avoid decisions that could increase legal or financial exposure.

Creditor Rights, Statutory Demands and Winding-Up Proceedings

When an insolvent company cannot or will not pay an outstanding debt, creditors need a recovery strategy that accounts for both the value of the claim and the debtor’s financial position. Insolvency procedures can provide an effective enforcement pathway, but they involve strict legal requirements and are not appropriate for every disputed debt.

GLG Legal acts for secured creditors, trade creditors and other parties seeking to recover unpaid or unsecured debts or protect their position during insolvency proceedings.

We assist creditors with:

• Assessing debt recovery and enforcement options
• Preparing and issuing statutory demands
• Responding to applications to set aside statutory demands
• Commencing winding-up proceedings
• Enforcing securities and guarantees
• Lodging and disputing proofs of debt
• Protecting creditor rights during voluntary administration
• Participating in restructuring, liquidation and receivership processes
• Negotiating payment arrangements and commercial settlements
• Pursuing court proceedings where required

We also advise creditors on the commercial value of different enforcement options. Before commencing insolvency proceedings, our team considers the strength of the claim, any genuine dispute, the debtor’s apparent financial position and the likely prospects of recovery.

Insolvency Litigation and Claims

Formal insolvency appointments can expose earlier transactions, payments and management decisions to investigation. Commercial disputes may arise between liquidators, directors, creditors, secured parties and recipients of company funds or property, resulting in negotiation, voidable transaction proceedings or other legal proceedings.

Our dispute resolution lawyers act in complex insolvency claims and related commercial litigation. We assess the legal merits, financial exposure and commercial implications of each matter before determining the appropriate litigation or settlement strategy.

We advise and represent clients in matters involving:

• Unfair preference claims
• Uncommercial transactions
• Unreasonable director-related transactions
• Voidable transaction claims and proceedings
• Insolvent trading claims
• Director and officer liability
• Disputed proofs of debt
• Priority and security disputes
• Asset recovery proceedings
• Claims involving the transfer or dissipation of company assets
• Alleged breaches of directors’ duties
• Negotiation, mediation and court proceedings