Queensland Courts Reinforce Need for Specificity in Payment Schedules Under BIFA

Case note on Style Timber Floor Pty Ltd v Krivosudsky [2019] NSWCA 171 and Minimax Fire Fighting Systems Pty Ltd v Bremore Engineering (WA) Pty Ltd [2007] QSC 333

Executive Summary

The Queensland courts have confirmed that a payment schedule under the Building Industry Fairness (Security of Payment) Act 2017 (Qld) (BIFA) must still clearly set out specific reasons for withholding payment. Although a payment schedule does not need to be a lengthy or formal document, it must still comply strictly with the statutory requirements.

The principles applied in Queensland reflect the reasoning of the New South Wales Court of Appeal in Style Timber Floor Pty Ltd v Krivosudsky [2019] NSWCA 171, as well as the Queensland Supreme Court’s decision in Minimax Fire Fighting Systems Pty Ltd v Bremore Engineering (WA) Pty Ltd [2007] QSC 333.

Courts in Queensland will not infer reasons from earlier correspondence or from background context.
A valid payment schedule must:

  • clearly indicate what is being disputed, and
  • clearly indicate why it is being disputed,
  • within the four corners of the document itself.

Background

The facts in Style Timber Floor Pty Ltd v Krivosudsky [2019] NSWCA 171 involved the following:

  • A payment claim for $106,166.50 was served.
  • Within 10 business days, Style Timber responded with a short email stating:

“I will show you the working agreement… many emails, photos, videos, back charges from builders and other trades, complains from my clients. You will understand why I can’t pay you… The damages you done is more than what you claimed.”

  • No actual reasons were stated within the email itself.
  • The claimant sought summary judgment on the basis that no valid payment schedule had been provided.
  • The District Court entered judgment for the full amount.
  • Style Timber appealed, arguing the email was a payment schedule.

The Decision

The Court of Appeal dismissed Style Timber’s appeal. The Court held the email did not contain sufficient detail to constitute a valid payment schedule.

Key findings included:

  • A payment schedule does not need to be formal, but that is not a licence for vague or generalised objections.
  • If referring to other documents, the claimant must not be left to guess:
    • which documents are being referred to,
    • which parts of the documents contain the reasons.
  • General complaints or vague dissatisfaction do not satisfy the requirement for “reasons”.
  • A respondent cannot rely solely on contractual administrative requirements (e.g. missing certificates) as a reason to reject the substance of a payment claim.

The Queensland Position

The Court of Appeal expressly referred to the Queensland decision:

Minimax Fire Fighting Systems Pty Ltd v Bremore Engineering (WA) Pty Ltd [2007] QSC 333

In Minimax, the respondent sent an email responding to one item only out of several in a payment claim.

The Queensland Supreme Court held:

  • If a payment schedule addresses only part of a payment claim, it is invalid.
  • A valid payment schedule must:
    • respond to every item in the payment claim,
    • state the amount proposed to be paid for each item (even if $0),
    • provide specific reasons for withholding payment.

This remains consistent with ss 69 – 72 of BIFA, which adopts the same structure as the former BCIPA provisions and the equivalent NSW regime.

Key Takeaways

If you receive a payment claim in Queensland:

  1. Always serve a payment schedule – even if you believe the claim is invalid.

Silence exposes you to summary judgment.

  1. A valid payment schedule must:
  • identify the payment claim,
  • state the amount proposed to be paid (including $0),
  • provide all reasons for withholding payment,
  • address every line item of the claim.
  1. Avoid vague statements such as:
  • “We are not paying this.”
  • “We will pay when works are complete.”
  • “Refer to our earlier emails.”

These will not be accepted as valid reasons.

  1. Do not rely on external documents unless specifically referenced with precision.

If you refer to another document, you should:

  • attach it, or
  • identify it with sufficient clarity.
  1. Silence on any part of the claim risks the payment schedule being deemed invalid

Under Queensland law, failure to address even one component of the claim may invalidate the entire payment schedule.

We’re Here to Help

We at Chamberlains understand the emotional and financial stress that come with litigation. Should you require further information about how costs can be recoverable in matters before the Federal Court and Federal Circuit Court, please do not hesitate to contact our office for a consultation with our Queensland building and construction law team.

The Supreme Court of Western Australia has delivered one of the few decisions to shed light on when provisions contained in Schedule 1 to the Construction Contracts Act 2004 (WA) (CCA) will be implied into a construction contract.

Unlike the East Coast security of payment regimes, statutory provisions under the CCA regulating matters such as:

  • the making of claims for payment (s 16),
  • responding to claims for payment (s 17), and
  • the time for payment (s 18)

only apply if the construction contract is silent on those matters.
Where silence exists, the relevant terms contained in the corresponding Division of Schedule 1 are implied.

Background: Total Eden Pty Ltd v Charteris [2018] WASC 80

In Total Eden Pty Ltd v Charteris [2018] WASC 80, the WA Supreme Court clarified the limits of when Schedule 1 terms are implied.

Key facts

  • The contract did include a term dealing with the time for payment of a payment claim.
  • The contract did not include a written provision about how or when the contractor must “respond” to a payment claim, as required by s 17 of the CCA (i.e., disputation or rejection).
  • The adjudicator concluded that all Division 5 provisions of Schedule 1 should be implied, including clause 7(3), which prescribes the time for payment of a claim.

Adjudicator’s approach

The adjudicator implied the entire Division 5 into the contract, resulting in new, statutory payment timing obligations that conflicted with the parties’ written agreement.

The Supreme Court’s Findings

The WA Supreme Court held that the adjudicator erred, quashed the entire determination, and confirmed the following principles:

  1. Only terms addressing matters missing from the contract may be implied

The CCA does not permit the wholesale implication of a full Division of Schedule 1.

Instead, the Court held that:

  • Only the specific terms that address matters not dealt with in the written contract may be implied.
  • This may result in a “bifurcation” of Schedule 1, where only isolated provisions are implied rather than the entire Division.
  1. Wholesale implication creates inconsistency

Implying all of Division 5 created an internal inconsistency with the contract’s existing payment terms.

Clause 7(3) of Division 5 could not be implied because:

  • the contract already had an operative payment term, and
  • the implied clause conflicted with that negotiated provision.
  1. Adjudicators must avoid overriding the parties’ agreed terms

The Court concluded the adjudicator incorrectly implied clause 7(3), and therefore made a jurisdictional error, invalidating the whole determination.

Practical Implications for WA Contracting Parties

Contracting parties should ensure that their construction contracts:

  • expressly address
    • how payment claims are made,
    • how payment claims are responded to,
    • the time for payment,
    • dispute processes, and
    • any other procedural requirements contemplated by the CCA.
  • avoid gaps that may trigger the implication of Schedule 1 provisions, even partially.

Key Takeaways

  • Only missing subject-matter provisions may be implied, not an entire Division.
  • Implied terms cannot conflict with written terms.
  • Adjudicators cannot expand a contract beyond what is necessary to fill legislative gaps.
  • Careful drafting is essential to prevent unintended statutory terms from being implied.

We’re Here to Help

We at Chamberlains understand the emotional and financial stress that come with litigation. Should you require further information about how costs can be recoverable in matters before the Federal Court and Federal Circuit Court, please do not hesitate to contact our office for a consultation with our construction law team.

In a landmark decision held by the Federal Court in September of 2025, Justice Perram has warned all employers that set off-clauses are not the ‘get out of jail free card’ they may have once believed them to be. 

In a jointly commenced class action against supermarket giants Woolworths Group Limited (Woolworths) and Coles Supermarkets Australia Pty Ltd (Coles) by the Fair Work Ombudsman, employees subject to annualised salary contracts alleged a total of $116 million in underpayment of wages and entitlements. The class members argued that the underpayments occurred due to Coles and Woolworths’ failure to ensure their set-off clause arrangements covered all available entitlements under the Retail Industry Award 2010 (Award). 

What is a Set-Off Clause?

A set-off clause is a common feature in any well-drafted employment contract, particularly where an employee is paid an annualised salary. The purpose of a set-off clause is to allow an employer to offset payments, entitlements or other benefits owed to an employee (e.g. penalty rates, overtime, allowances, loadings) under an industrial instrument i.e. Modern Award, or Enterprise Agreement, by way of a higher overall salary. In other words, instead of paying these entitlements separately, the employer “sets them off” against the total salary amount.

The set-off clauses contained in Woolworths’ and Coles’ employment contracts allowed each employer to pool the Award entitlements made over a respective 6-month and 12-month period to satisfy each Woolworths’ and Coles’ obligation to pay the entitlements owed to the class members under the Award. 

The Court determined that this was unlawful, referring to section 323(1) of the Fair Work Act 2009 (Cth) (Act). The Court clarified that employers must calculate and pay an employee’s entitlements “in-full” within each pay period, “at least [on a] monthly [basis]”, and cannot use overpayments in one pay period to fix underpayments in another. As such, set off clauses are only legally effective when they operate within the employer’s prescribe pay-period.

This meant that Woolworths and Coles had underpaid its employees. This followed each of these employers already having made significant payments to these same employees in excess of $300 million.

Record Keeping Obligations

The Fair Work Regulations (Regulations) 3.33 and 3.34 outline that employers must create and maintain particular records for each employee, including:

  1. Rates of remuneration paid to an employee.
  2. Gross and net amounts paid to an employee;
  3. Deductions made from an employee’s gross pay;
  4. Details of incentive-based payments, bonuses, loadings, penalty rates and other monetary allowances;
  5. Number of overtime hours worked; and
  6. When an employee starts and ends overtime hours.

The Court found that Woolworths and Coles had failed to keep records of their employees’ entitlements under the Award, arguing that annualised salary arrangements would not entitle their employees to additional payments for overtime, penalties etc. Rejecting this argument, the Court found that set-off clauses do not relieve an employer from their record-keeping obligations under the Act and the Regulations.

Importantly, the Court indicated that standard ‘clock-in and clock-out’ timesheets provide roster details, however this is not sufficient record-keeping to satisfy regulation 3.34. More detailed and readily available records are required.

Key Takeaway for Employers

This decision potentially exposes employers to an increased risk of liability for underpayments of wages and other entitlements. It should be noted that Coles and Woolworths have appealed the decision, pending a final judgment. However, until then, this decision remains effective. With increased scrutiny from regulators and a likely rise in underpayment claims, now is the time for employers to act.

Addressing these issues properly requires a legal review of your employment contracts, payroll systems, and record-keeping practices. Proactive compliance now can help mitigate risk and avoid costly disputes later. 

Our team of experts can assist with:

  • Reviewing and updating employment contracts.
  • Auditing payroll and record-keeping systems for compliance with the Act and Regulations.
  • Advising on technology solutions to improve timekeeping and data capture.
  • Supporting remediation strategies and workforce communications where underpayments may have occurred.

*Prepared by Isabella Turner with the assistance of Mia Topen.

Mining, Trade and Cross-Border Insolvency: How Perth Insolvency Lawyers Manage International Cases

In today’s interconnected global economy, financial distress can quickly transcend borders. A company headquartered in Perth may have subsidiaries in Singapore, creditors in London, and assets in New York. When insolvency strikes, navigating such complex multi-jurisdictional cases becomes a monumental legal and operational challenge.

This is where insolvency lawyers, especially those based in major commercial centres like Perth, become indispensable. These professionals play a vital role in untangling the legal issues of cross-border insolvency, ensuring compliance, asset protection, and optimal outcomes for all stakeholders.

In this article, we explore how insolvency lawyers located in Perth manage complex international insolvency cases by offering strategic cross-border advice and coordinating global litigation and restructuring efforts. Whether you’re a large international corporation, small business, or creditor, understanding a lawyer’s role is key to effectively managing international insolvency.

 

  1. Understanding International Insolvency and Restructuring Law

What Sets International Insolvency Apart?

International insolvency differs fundamentally from domestic cases due to its multi-jurisdictional nature. Unlike insolvency proceedings confined to a single legal system, cross-border matters require navigating various national laws, court procedures, and competing creditor interests. This complexity often raises challenging legal questions including which country’s courts have jurisdiction, whether foreign insolvency rulings will be recognised abroad, and how differing insolvency regimes treat creditor claims. These challenges become even more pronounced when companies operate in multiple countries with stakeholders, liabilities, and assets spread across borders.

Successfully managing international insolvency requires more than a basic understanding of insolvency law. It demands the guidance of an experienced insolvency lawyer, particularly one with expertise in international restructuring and insolvency frameworks. These professionals are skilled in applying international legal instruments like the UNCITRAL Model Law on Cross-Border Insolvency, ensuring compliance while protecting client interests.

Restructuring and insolvency lawyers play a crucial role in helping clients navigate complex global financial distress. Beyond ensuring legal compliance, they act as strategic advisors negotiating with foreign creditors, securing recognition of proceedings across borders, and crafting turnaround plans tailored to international challenges. Their expertise helps minimise risk, protect assets, and maximise recovery in cross-border insolvency matters.

 

  1. The Role of Insolvency Lawyers in Perth in Global Cases

Why Choose Insolvency Lawyers in Perth?

Perth’s strategic position as Australia’s gateway to Asia and its strong international trade connections make it a natural hub for cross-border commercial activity — and, by extension, cross-border insolvency work. Insolvency lawyers located in Perth possess extensive experience handling complex matters involving overseas creditors, foreign subsidiaries, mining tenements, international supply chains, and offshore assets.

Many Perth-based insolvency lawyers have strong regional and global networks, allowing them to coordinate seamlessly with overseas legal teams. They interpret diverse international insolvency frameworks, work with foreign courts and regulators, and navigate cross-border cooperation agreements essential to managing multinational insolvency matters effectively.

Insolvency firms in Perth routinely collaborate with foreign law firms and international insolvency practitioners. This enables them to coordinate multi-jurisdictional litigation, align restructuring strategies across borders, and manage creditor disputes involving multiple legal systems. For businesses involved in global operations, Perth-based firms provide the perfect blend of local commercial understanding and international capability.

 

  1. Corporate Insolvency and Cross-Border Business Restructuring

Role of a Corporate Insolvency Lawyer

A corporate insolvency lawyer specialises in assisting companies — particularly multinational businesses — through financial distress. Their responsibilities in international matters include:

  • assessing global liabilities and risks
  • advising directors on duties across multiple jurisdictions
  • coordinating multinational administration or liquidation proceedings
  • protecting offshore and domestic assets
  • maximising recovery outcomes for creditors across borders

Strategic International Restructuring

Restructuring a company with cross-border operations demands alignment of legal, commercial, and financial strategies across jurisdictions. Common approaches include:

  • pre-packaged international insolvency plans
  • debt-for-equity swaps across countries
  • restructuring or selling overseas subsidiaries
  • negotiating multi-jurisdictional standstill agreements
  • building turnaround plans that comply with the laws of each affected country

Insolvency and restructuring experts ensure these strategies are not only commercially optimal but also legally compliant across all relevant jurisdictions.

 

  1. Insolvency Litigation in an International Context

Common International Disputes

Cross-border insolvency frequently leads to disputes involving:

  • ownership of assets located overseas
  • variations in creditor ranking rules across jurisdictions
  • fraudulent transfers requiring international asset tracing
  • conflicting proceedings in multiple countries

These disputes often require strategic, coordinated litigation efforts.

The Role of an Insolvency Litigation Lawyer

An insolvency litigation lawyer handles disputes arising in both Australian and overseas courts. Their work includes:

  • litigating cross-border insolvency claims
  • enforcing foreign judgments and arbitration awards
  • applying complex conflict-of-laws principles
  • tracing and recovering offshore assets
  • challenging voidable transactions made across borders

These lawyers are crucial when fraud, concealed assets, or competing creditor claims arise in international matters.

 

  1. Liquidation and Bankruptcy Across Jurisdictions

Jurisdictional Differences in Bankruptcy and Liquidation

Bankruptcy and liquidation procedures differ significantly from country to country. For example:

  • the United States permits Chapter 11 debtor-in-possession restructuring
  • Australia relies on voluntary administration, liquidation, and receivership
  • the United Kingdom employs administration and Company Voluntary Arrangements (CVAs)

These differences influence how cross-border insolvency cases must be approached.

Coordinated Global Approaches

Insolvency lawyers located in Perth coordinate closely with:

  • foreign legal teams
  • international administrators, trustees, and liquidators
  • overseas regulators and courts

Their aim is to preserve asset value, harmonise strategies across borders, and ensure compliance with both domestic and international insolvency law.

Why a Skilled Bankruptcy Lawyer Is Essential

A skilled bankruptcy lawyer helps:

  • identify and recover foreign assets
  • challenge unfair preference payments
  • manage recognition of overseas insolvency proceedings
  • coordinate global liquidation or restructuring actions

They are an indispensable part of managing complex international insolvency matters including company liquidation Perth.

  1. Case Studies: How Insolvency Lawyers Handle International Cases

Case Study 1: Dion Lee – International Fashion Retail Insolvency

Dion Lee, a well-known Australian luxury fashion brand based in Sydney, entered voluntary administration in May 2024 after its principal investor abruptly withdrew financial support. Known for its innovative designs and strong international following, the company was burdened by increasing debt and operational pressures in a challenging post-pandemic retail climate. The appointment of administrators allowed the business to continue operating its Australian stores and e-commerce platform temporarily while efforts were made to stabilise operations and attract new investment.

Given the brand’s presence in both domestic and international markets, including the United States, the restructuring process involved navigating complex cross-border supplier relationships and protecting brand value. Despite an extensive search for a buyer, no suitable offers emerged, and creditors ultimately opted for liquidation. This case demonstrates the intricate nature of international fashion insolvency and highlights the critical role of timely and strategic legal and financial management in efforts to preserve value.

Case Study 2: Godfreys – Cross-Border Administration and Brand Revival

Godfreys, one of Australia’s most established names in vacuum and cleaning appliances, entered voluntary administration in early 2024 after an extended period of declining sales. Operating over 140 stores across Australia and New Zealand, the company experienced falling consumer demand and evolving retail behaviours. Administrators conducted a comprehensive sales process, but without a suitable buyer for the entire business, it was ultimately decided to close both company-owned and franchised stores.

The Godfreys brand later found new life when it was acquired by a private buyer in early 2025. The new owners relaunched the business with a digital-first, wholesale-focused model, demonstrating how restructuring can enable a business to survive and evolve. This case highlights that insolvency does not necessarily mark the end of a company’s story — with the right strategy, a brand can adapt and thrive.

  1. Choosing the Right Insolvency Lawyer for International Matters

What to Look For

When choosing an insolvency lawyer for cross-border matters, it is essential to prioritise:

  • expertise in international insolvency and restructuring
  • strong global connections
  • experience coordinating multi-jurisdictional teams
  • knowledge of both Australian and international insolvency frameworks

Key Questions to Ask

  • Have you managed cross-border insolvency cases before?
  • Can you coordinate with foreign law firms and courts?
  • How do you handle disputes that involve multiple legal systems?

These questions help ensure the lawyer is capable of managing complex global matters effectively.

The Value of Full-Service Insolvency Support

Insolvency firms located in Perth that provide comprehensive support — including corporate insolvency, litigation, bankruptcy, and liquidation services — are best equipped to handle complex international cases. Their integrated approach ensures coordinated strategies, faster outcomes, and consistent communication across jurisdictions.

Conclusion

As businesses expand globally, cross-border insolvency is becoming increasingly common. Managing these matters requires much more than domestic legal knowledge — it demands international coordination, commercial insight, and legal expertise across multiple jurisdictions.

Insolvency lawyers located in Perth are uniquely positioned to manage these challenges. With their commercial understanding, legal expertise, and international networks, they play a critical role in ensuring successful outcomes in international insolvency and restructuring matters.

If your business is facing financial distress that spans multiple countries, do not wait. Engage with trusted insolvency firms in Perth such as Chamberlains Law Firm to protect your interests and navigate the complexities with confidence.

Government, Regulation and Global Insolvency: How Canberra Insolvency Lawyers Handle International Matters

In today’s interconnected global economy, financial distress can quickly transcend borders. A company headquartered in Canberra may have subsidiaries in Singapore, creditors in London, and assets in New York. When insolvency strikes, navigating such complex multi-jurisdictional cases becomes a monumental legal and operational challenge.

This is where insolvency lawyers, especially those based in key Australian legal centres like Canberra, become indispensable. These professionals play a vital role in untangling the legal issues of cross-border insolvency, ensuring compliance, asset protection, and optimal outcomes for all stakeholders.

In this article, we explore how insolvency lawyers located in Canberra manage complex international insolvency cases by offering strategic cross-border advice and coordinating global litigation and restructuring efforts. Whether you’re a large international corporation, small business, or creditor, understanding a lawyer’s role is key to effectively managing international insolvency.

 

  1. Understanding International Insolvency and Restructuring Law

What Sets International Insolvency Apart?

International insolvency differs fundamentally from domestic cases due to its multi-jurisdictional nature. Unlike insolvency proceedings confined to a single legal system, cross-border matters require navigating various national laws, court procedures, and competing creditor interests. This complexity often raises challenging legal questions including which country’s courts have jurisdiction, whether foreign insolvency rulings will be recognised abroad, and how differing insolvency regimes treat creditor claims. These challenges become even more pronounced when companies operate in multiple countries with stakeholders, liabilities, and assets spread across borders.

Successfully managing international insolvency requires more than a basic understanding of insolvency law. It demands the guidance of an experienced insolvency lawyer, particularly one with expertise in international restructuring and insolvency frameworks. These professionals are skilled in applying international legal instruments like the UNCITRAL Model Law on Cross-Border Insolvency, ensuring compliance while protecting client interests.

Restructuring and insolvency lawyers play a crucial role in helping clients navigate complex global financial distress. Beyond ensuring legal compliance, they act as strategic advisors negotiating with foreign creditors, securing recognition of proceedings across borders, and crafting turnaround plans tailored to international challenges. Their expertise helps minimise risk, protect assets, and maximise recovery in cross-border insolvency matters.

 

  1. The Role of Insolvency Lawyers in Canberra in Global Cases

Why Choose Insolvency Lawyers in Canberra?

Canberra’s role as Australia’s centre of government and public administration makes it home to highly experienced insolvency lawyers who frequently manage matters involving complex regulatory and international considerations. Many insolvency lawyers located in Canberra possess strong regional and international capability, enabling them to interpret diverse global insolvency frameworks effectively. They routinely liaise with interstate and global legal counsel and navigate intergovernmental cooperation arrangements that are essential in cross-border cases.

Insolvency firms in Canberra maintain professional relationships with foreign legal teams across key jurisdictions, allowing seamless coordination of cross-border insolvency proceedings. This collaboration is crucial in managing court processes internationally, synchronising restructuring plans across borders, and aligning creditor expectations globally. For businesses facing international insolvency challenges, Canberra-based firms combine precise local legal knowledge with extensive global reach, delivering comprehensive and strategic insolvency solutions.

 

  1. Corporate Insolvency and Cross-Border Business Restructuring

Role of a Corporate Insolvency Lawyer

A corporate insolvency lawyer specialises in helping companies, particularly multinational groups, navigate financial distress. Their role in international cases includes assessing global liabilities and risks, advising boards on directors’ duties across different jurisdictions, and coordinating multinational administration or liquidation processes to ensure compliance and maximise creditor recoveries.

Strategic International Restructuring

Restructuring a company with operations in multiple countries involves coordinating legal, commercial, and financial strategies across borders. Common approaches include pre-packaged cross-border insolvency plans, debt-for-equity swaps to strengthen balance sheets, and the sale or restructuring of foreign subsidiaries in accordance with local legal requirements. Insolvency and restructuring specialists ensure these strategies are carefully structured and legally robust.

 

  1. Insolvency Litigation in an International Context

Common International Disputes

International insolvency cases frequently give rise to disputes over:

  • ownership of assets located overseas
  • differing creditor priorities under foreign insolvency regimes
  • fraudulent transfers requiring cross-border recovery action
  • competing claims involving multiple jurisdictions

Such disputes often require specialised litigation capability.

The Role of an Insolvency Litigation Lawyer

An insolvency litigation lawyer manages disputes in both Australian and foreign courts, with expertise in:

  • litigating cross-border insolvency claims
  • applying complex conflict-of-laws principles
  • enforcing foreign judgments and arbitral awards
  • tracing and recovering offshore assets
  • challenging voidable transactions internationally

Where disputes involve fraud, hidden assets, or competing creditor claims, these lawyers protect clients’ interests through strategic, coordinated litigation.

 

  1. Liquidation and Bankruptcy Across Jurisdictions

Jurisdictional Differences in Bankruptcy and Liquidation

Bankruptcy and liquidation procedures vary significantly across countries. For example:

  • the United States allows Chapter 11 debtor-in-possession restructuring
  • Australia primarily uses voluntary administration and liquidation
  • the United Kingdom supports administration and Company Voluntary Arrangements (CVAs)

These international differences shape how cross-border insolvency cases must be handled.

Coordinated Global Approaches

Insolvency lawyers located in Canberra collaborate closely with:

  • foreign legal teams
  • overseas insolvency practitioners
  • administrators, trustees, and liquidators in multiple jurisdictions

Their goal is to maintain consistency in global strategy, preserve assets, and ensure compliance with international and domestic insolvency laws.

Why a Skilled Bankruptcy Lawyer Is Essential

A skilled bankruptcy lawyer is crucial for:

  • identifying and recovering foreign assets
  • managing international recognition applications
  • preventing preference claims across countries
  • coordinating global liquidation or restructuring strategies

 

  1. Case Studies: How Insolvency Lawyers Handle International Cases

Case Study 1: Dion Lee – International Fashion Retail Insolvency

Dion Lee, a well-known Australian luxury fashion brand based in Sydney, entered voluntary administration in May 2024 after its principal investor abruptly withdrew financial support. Known for its innovative designs and strong international following, the company was burdened by increasing debt and operational pressures in a challenging post-pandemic retail climate. The appointment of administrators allowed the business to continue operating its Australian stores and e-commerce platform temporarily while efforts were made to stabilise operations and attract new investment.

Given the brand’s presence in both domestic and international markets, including the United States, the restructuring process involved navigating complex cross-border supplier relationships and protecting brand value. Despite an extensive search for a buyer, no suitable offers emerged, and creditors ultimately opted for liquidation. This case demonstrates the intricate nature of international fashion insolvency and highlights the crucial role of timely and strategic legal and financial management in efforts to preserve value.

Case Study 2: Godfreys – Cross-Border Administration and Brand Revival

Godfreys, one of Australia’s most established names in vacuum and cleaning appliances, entered voluntary administration in early 2024 after an extended period of declining sales. Operating over 140 stores across Australia and New Zealand, the company was affected by falling consumer demand and changes in retail behaviour. Administrators conducted a comprehensive sales campaign, but without a suitable buyer for the entire business, it was ultimately decided to gradually close both company-owned and franchised stores.

The Godfreys brand was subsequently acquired by a private buyer in early 2025. The new owners relaunched the business under a digital-first, wholesale-focused model, demonstrating how restructuring can create opportunities for renewal even after significant insolvency events. This case illustrates the importance of effective restructuring strategies and highlights that insolvency does not necessarily mean the end of a business.

  1. Choosing the Right Insolvency Lawyer for International Matters

What to Look For

When selecting an insolvency lawyer for international matters, it is essential to consider:

  • expertise in cross-border insolvency and restructuring
  • a strong network of overseas legal contacts
  • capability to coordinate multi-jurisdictional teams
  • experience in both domestic and international insolvency regimes

Key Questions to Ask

  • Have you handled cross-border insolvency matters before?
  • Can you coordinate with foreign law firms and courts?
  • How do you manage disputes involving multiple jurisdictions?

These questions help assess whether the insolvency lawyer is equipped to handle complex global insolvency issues.

The Value of Full-Service Insolvency Support

Insolvency firms located in Canberra that provide comprehensive services — including corporate insolvency, litigation, bankruptcy, and liquidation — are best positioned to coordinate international cases efficiently. Their integrated approach ensures consistency, strategic alignment, and faster outcomes.

Conclusion

As businesses continue to operate globally, the rise in cross-border insolvency is inevitable. Navigating these cases requires not just domestic legal knowledge but also cross-cultural fluency, financial literacy, and international coordination.

Insolvency lawyers located in Canberra are uniquely positioned to address these challenges. With their legal acumen, international networks, and practical experience, they play a crucial role in achieving successful outcomes in international insolvency and restructuring matters.

If your business faces financial distress that spans borders, don’t wait. Engage with trusted a insolvency firm in Canberra such as Chamberlains Law Firm to protect your interests and move forward with confidence.

International Insolvency in Brisbane: How QLD Insolvency Lawyers Navigate Cross-Border Collapses

In today’s interconnected global economy, financial distress can quickly transcend borders. A company headquartered in Brisbane may have subsidiaries in Singapore, creditors in London, and assets in New York. When insolvency strikes, navigating such complex multi-jurisdictional cases becomes a monumental legal and operational challenge.

This is where insolvency lawyers, especially those based in major commercial hubs like Brisbane, become indispensable. These professionals play a vital role in untangling the legal issues of cross-border insolvency, ensuring compliance, asset protection, and optimal outcomes for all stakeholders.

In this article, we explore how insolvency lawyers Brisbane manage complex international insolvency cases by offering strategic cross-border advice and coordinating global litigation and restructuring efforts. Whether you’re a large international corporation, small business, or creditor, understanding a lawyer’s role is key to effectively managing international insolvency.

 

  1. Understanding International Insolvency and Restructuring Law

What Sets International Insolvency Apart?

International insolvency differs fundamentally from domestic cases due to its multi-jurisdictional nature. Unlike insolvency proceedings confined to a single legal system, cross-border matters require navigating various national laws, court procedures, and competing creditor interests. This complexity often raises challenging legal questions including which country’s courts have jurisdiction, whether foreign insolvency rulings will be recognised abroad, and how differing insolvency regimes treat creditor claims. These challenges become even more pronounced when companies operate in multiple countries with stakeholders, liabilities, and assets spread across borders.

Successfully managing international insolvency requires more than a basic understanding of insolvency law. It demands the guidance of an experienced insolvency lawyer, particularly one with expertise in international restructuring and insolvency frameworks. These professionals are skilled in applying international legal instruments like the UNCITRAL Model Law on Cross-Border Insolvency, ensuring compliance while protecting client interests.

Restructuring and insolvency lawyers play a crucial role in helping clients navigate complex global financial distress. Beyond ensuring legal compliance, they act as strategic advisors negotiating with foreign creditors, securing recognition of proceedings across borders, and crafting turnaround plans tailored to international challenges. Their expertise helps minimise risk, protect assets, and maximise recovery in cross-border insolvency matters.

 

  1. The Role of Insolvency Lawyers in Brisbane in Global Cases

Why Choose Insolvency Lawyers in Brisbane?

Brisbane’s position as a major commercial and economic centre in Australia makes it an emerging hub for managing complex cross-border insolvency matters. Many insolvency lawyers located in Brisbane possess extensive regional and international experience, which enables them to interpret diverse international insolvency frameworks effectively. They also liaise closely with global legal counsel and navigate intricate intergovernmental cooperation agreements, ensuring that their clients’ cases are handled with both expertise and efficiency.

Insolvency firms in Brisbane benefit from strong professional relationships with foreign legal teams across key jurisdictions, facilitating smooth coordination of cross-border insolvency proceedings. This collaboration is crucial in managing court processes in multiple countries, synchronising restructuring plans across borders, and aligning creditor expectations on an international scale. For businesses facing global insolvency challenges, Brisbane-based firms combine precise local legal knowledge with a broad global reach, delivering comprehensive and strategic insolvency solutions.

 

  1. Corporate Insolvency and Cross-Border Business Restructuring

Role of a Corporate Insolvency Lawyer

A corporate insolvency lawyer specialises in helping companies, particularly multinationals, navigate financial distress. Their role in international cases includes assessing global liabilities and risks, advising boards on directors’ duties across different jurisdictions, and coordinating complex multinational administration or liquidation processes to ensure compliance and maximise recovery.

Strategic International Restructuring

Restructuring a company operating across multiple countries involves balancing legal, financial, and commercial factors. Key strategies often include pre-packaged insolvency plans negotiated and implemented across jurisdictions, debt-for-equity swaps to reduce liabilities and maintain business continuity, and the sale of foreign subsidiaries in line with local laws and market conditions. Insolvency and restructuring specialists play a vital role in ensuring these strategies are legally sound.

 

  1. Insolvency Litigation in an International Context

Common International Disputes

Global insolvency cases frequently give rise to disputes over asset ownership, particularly when assets are held in foreign jurisdictions. Conflicts also emerge regarding creditor priorities, as different legal systems apply varying rules on how claims are ranked. Additionally, fraudulent transfers often become a key issue, requiring the tracing and recovery of assets that have been improperly moved across borders.

The Role of an Insolvency Litigation Lawyer

An insolvency litigation lawyer manages disputes in both domestic and international courts, specialising in litigating cross-border claims and applying complex conflict of law principles. They also play a crucial role in enforcing foreign judgments and arbitration awards. In cases involving fraud, concealed assets, or competing creditor claims, these lawyers are essential to safeguarding their clients’ interests.

 

  1. Liquidation and Bankruptcy Across Jurisdictions

Jurisdictional Differences in Bankruptcy and Liquidation

Bankruptcy and liquidation processes vary widely between countries. For example, the United States offers Chapter 11, which allows for debtor-in-possession restructuring, while Australia commonly uses voluntary administration and liquidation procedures. In the United Kingdom, insolvency law focuses on prioritising creditor recoveries but also permits company voluntary arrangements (CVAs). These differences significantly influence how cases are managed, making it essential to work with experienced bankruptcy and liquidation lawyers who understand cross-border complexities.

Coordinated Global Approaches

Insolvency lawyers in Brisbane collaborate closely with foreign legal teams, trustees and administrators overseas, and liquidation lawyers across multiple jurisdictions. Their goal is to maintain consistency in case strategy, protect assets effectively, and ensure full legal compliance throughout the entire cross-border insolvency process.

Why a Skilled Bankruptcy Lawyer Is Essential

A well-versed bankruptcy lawyer plays a pivotal role in identifying and recovering offshore assets, preventing creditor preference claims, and navigating the complex protocols involved in international insolvency recognition.

 

  1. Case Studies: How Insolvency Lawyers Handle International Cases

Case Study 1: Dion Lee – International Fashion Retail Insolvency

Dion Lee, a well-known Australian luxury fashion brand based in Sydney, entered voluntary administration in May 2024 after its principal investor abruptly withdrew financial support. Known for its innovative designs and strong international following, the company was burdened by increasing debt and operational pressures in a challenging post-pandemic retail climate. The appointment of administrators allowed the business to continue operating its Australian stores and e-commerce platform temporarily while efforts were made to stabilise operations and attract new investment.

Given the brand’s presence in both domestic and international markets, including the United States, the restructuring process involved navigating complex cross-border supplier relationships and protecting brand value. Despite an extensive search for a buyer, no suitable offers emerged, and creditors ultimately opted for liquidation. This case demonstrates the intricate nature of international fashion insolvency and highlights the critical role of timely and strategic legal and financial management in efforts to preserve value.

Case Study 2: Godfreys – Cross-Border Administration and Brand Revival

Godfreys, one of Australia’s most established names in vacuum and cleaning appliances, entered voluntary administration in early 2024 after an extended period of declining sales. Operating over 140 stores across Australia and New Zealand, the company was hit hard by falling consumer demand and shifting retail behaviours. Administrators carried out a comprehensive sales process, but without a suitable buyer for the entire business, it was decided to gradually close both company-owned and franchised stores.

However, the Godfreys brand was given a new lease on life when it was acquired by a private buyer in early 2025. The new owners relaunched the business with a digital-first, wholesale-focused model, reflecting the evolution of consumer preferences. This case illustrates that insolvency does not always signal the end of a company’s story. With the right strategy and restructuring approach, even long-standing brands can adapt and thrive in new, more sustainable forms.

 

  1. Choosing the Right Insolvency Lawyer for International Matters

What to Look For

When hiring an insolvency lawyer for cross-border matters, it’s important to prioritise experience in international insolvency and restructuring, a strong network of global legal contacts, and a deep understanding of both local and international insolvency frameworks.

Key Questions to Ask

  • Have you handled cross-border insolvency cases?
  • Can you coordinate with foreign law firms and courts?
  • How do you approach creditor disputes across jurisdictions?

These questions will help you evaluate whether a lawyer or firm is equipped to manage your international insolvency matter effectively.

The Value of Full-Service Insolvency Support

Insolvency firms located in Brisbane that provide comprehensive legal services, including corporate insolvency, litigation, bankruptcy, and liquidation, are best equipped to handle complex cases. Their integrated approach ensures faster, more efficient outcomes for their clients.

 

Conclusion

As businesses continue to operate globally, the rise in cross-border insolvency is inevitable. Navigating these cases requires not just domestic legal knowledge but also cross-cultural fluency, financial expertise, and international coordination.

Insolvency lawyers located in Brisbane are uniquely positioned to manage these challenges. With their legal acumen, global networks, and hands-on experience, they play a critical role in ensuring successful resolutions in international insolvency and restructuring.

If your business faces financial distress that spans borders, don’t wait. Engage with trusted insolvency firms in Brisbane such as Chamberlains Law Firm to protect your interests and move forward with confidence.

WA Stamp Duty & Land Tax: Key Considerations for Property Buyers and Investors

Buying or owning property in Western Australia involves more than the contract price. Duty and tax obligations are central to property acquisition, investment and ownership.

This article outlines key features of stamp duty and land tax in WA and what buyers, investors and businesses should consider.

Transfer Duty in WA

Transfer duty in WA is governed by the Duties Act 2008 (WA) and applies to a wide range of “dutiable transactions”, including transfers of land.

Duty is calculated on the dutiable value, being the higher of consideration or unencumbered market value.

WA imposes “residential rates” and “general rates” depending on the nature of the land. High-value transactions attract substantially higher duty.

Duty can also arise from:

  • declarations of trust
  • acquisitions in “landholder” entities under Part 3 Division 3
  • certain mortgagee or foreclosure transactions

WA also imposes Foreign Buyer Duty Surcharge of 7% on residential property acquired by foreign persons.

Land Tax in WA

Land tax in Western Australia is imposed under the Land Tax Assessment Act 2002 (WA) and applies to taxable land as at 30 June each year.

A principal place of residence is generally exempt. Investment properties and commercial properties are usually taxable, with progressive rates applied.

Foreign owners may also be subject to surcharge land tax on residential land.

Exemptions may apply for:

  • primary production land
  • land owned by charitable institutions

Practical Implications for Buyers and Investors

WA buyers and investors should consider:

  • the upfront cost of duty
  • the impact of trust or company ownership on duty liability
  • foreign buyer surcharge and its impact on investment returns
  • annual land tax obligations for investment holdings

Corporate groups may incur both transfer duty and land tax depending on how property is acquired or restructured.

Conclusion

Stamp duty and land tax form a significant part of the WA property landscape. Buyers and investors should plan for these costs early and obtain legal advice to ensure correct structuring and compliance. Contact our Perth conveyancing team today for tailored property advice.

ACT Stamp Duty, Land Tax and Leasehold: What Buyers and Investors Should Know

Buying or owning property in the Australian Capital Territory involves more than the contract price. Duty and tax considerations significantly affect property purchases, investments and long-term holding costs.

This article outlines key features of transfer duty and land tax in the ACT and explains what buyers, investors and businesses should keep in mind.

Transfer Duty in the ACT

In the ACT, transfer duty is governed by the Duties Act 1999 (ACT). Duty applies to a wide range of “dutiable transactions”, including transfers of Crown leasehold interests (as all ACT land is leasehold).

Duty is calculated on the dutiable value — the higher of consideration paid or market value.

The ACT Government has been gradually phasing down transfer duty as part of its long-term tax reform program. However, duty still applies to many residential and commercial transactions unless a specific concession or exemption applies.

Duty may also arise from:

  • granting or transferring a Crown lease
  • certain trust declarations
  • acquisitions in “landholder” entities under Chapter 3A

Foreign purchasers are subject to Foreign Ownership Surcharge Duty of 8% on residential land.

Land Tax in the ACT

Land tax is governed by the Land Tax Act 2004 (ACT) and applies to rental properties, not owner-occupied properties. Land tax applies whether the property is residential or commercial.

Key features include:

  • Only investment properties incur land tax
  • Rates are based on AUV (average unimproved value)
  • Owners must notify the ACT Revenue Office when a property becomes rented

Unlike NSW and QLD, your own home is never subject to land tax in the ACT, even if it is high value.

Foreign owners may also incur foreign owner land tax surcharges.

Exemptions apply in limited circumstances, including land used by charities.

Practical Implications for Buyers and Investors

ACT buyers and investors should be aware of:

  • leasehold complexities unique to ACT land
  • duty concessions (particularly for first-home buyers through the Home Buyer Concession Scheme)
  • land tax liabilities arising immediately once a property is rented
  • increased holding costs for foreign investors

Businesses acquiring premises must factor in both duty and land tax consequences when deciding whether to buy or lease.

Conclusion

Duty and land tax remain significant components of property ownership in the ACT. Proper planning and early advice help buyers and investors understand these obligations and structure their affairs efficiently. Contact a Canberra conveyancer today and receive tailored advice.

Queensland Stamp Duty & Land Tax: Essential Insights for Property Owners

Buying or owning property in Queensland is not just about negotiating a price or signing a contract. Alongside the purchase price, there are a range of duty and tax considerations that buyers, investors and landowners must understand. For many buyers or investors, these costs come as an unwelcome surprise.

For advisers, prospective buyers or investors alike, understanding how these taxes work and how they affect practical decisions is essential. This article unpacks key features of transfer duty and land tax in Queensland and explains what property buyers, investors and businesses should keep in mind when planning transactions.

Transfer Duty on Property in Queensland

In Queensland, transfer duty is governed by the Duties Act 2001 (Qld) and applies to a wide range of “dutiable transactions”, including a transfer of land. Duty is calculated on the dutiable value, being the higher of the consideration paid or the unencumbered market value.

As with NSW, a buyer who acquires a property below market value may still be assessed on its true value for duty purposes.

In South-East Queensland, where median house prices frequently exceed $1,000,000, duty can add tens of thousands of dollars to the total purchase cost. Queensland also imposes a premium rate of transfer duty for high-value residential property, meaning luxury property buyers routinely encounter significantly higher duty liabilities.

Duty in Queensland may also arise from:

  • declaring a trust over dutiable property
  • acquiring shares or units in a “landholder” under Part 2, Chapter 3 of the Duties Act
  • certain mortgagee or foreclosure transactions

Queensland also offers concessions and exemptions, particularly for first home buyers and principal place of residence purchasers.

For foreign purchasers, Queensland imposes an additional Foreign Acquirer Duty (FAD) of 7% on residential land acquisitions.

Land Tax in Queensland

Land tax in Queensland is imposed annually under the Land Tax Act 2010 (Qld) on land owned as at 30 June each year.

A principal place of residence is usually exempt. Investment properties, commercial properties and vacant land are often taxable and assessed on a sliding scale.

Queensland also imposes a Foreign Surcharge Land Tax for foreign owners of residential land.

Exemptions may apply for:

  • primary production land (if strict criteria are met)
  • land owned by charitable institutions

Practical Implications for Buyers and Investors

The practical implications mirror NSW:

  • Stamp duty must be budgeted for from the outset.
  • Trusts or corporate ownership structures require careful planning to avoid unintended duty consequences.
  • Foreign investors must factor in foreign acquirer duty and foreign surcharge land tax.
  • Businesses relocating or restructuring must consider both transfer duty and land tax exposure.

Interest and penalties apply for unpaid duties or land tax, with limited exceptions.

Conclusion

Stamp duty and land tax are central features of Queensland’s property landscape. Buyers and investors should budget for these obligations early and obtain advice on structuring and managing property holdings. For tailored Brisbane property conveyancing services, contact Chamberlains today.

What Did the 2025–26 Federal Budget Deliver?

On Tuesday, 25 March 2025, Treasurer Jim Chalmers presented the 2025–26 Australian Federal Budget, outlining significant updates to key economic forecasts. This budget impacts various sectors, including personal and business tax, banking, infrastructure, health, and climate change, shaping the Australian economy and its global standing.

What Are the Key Measures for the Financial Services Industry in the Budget?

Financial Services Industry

Key Measures
The Financial Services Council (FSC) noted that there were “no surprises” for the financial services industry. A key measure included is the clarification of tax arrangements for managed investment trusts, ensuring legitimate investors can continue to access concessional withholding tax rates. This amendment, effective from 13 March 2025, complements the Australian Taxation Office’s strengthened guidelines to prevent misuse.

Tax Integrity Program

Additionally, the budget allocates $50 million over three years to extend the Tax Integrity Program, enabling the ATO to ensure timely payment of superannuation liabilities by Australian businesses.

What Has Changed for Superannuation in the Budget?

Revenue Windfall

Superannuation tax receipts have significantly contributed to a $9.4 billion upward revision in tax receipts over five years from 2024–25 to 2028–29, driven by stronger projected investment returns from super funds.

Payday Super Reform

The budget’s sole superannuation measure, detailed in the Women’s Budget document, is the payday super reform, set to begin on 1 July 2026, with $404.1 million allocated over four years to support the reform.

How Does the “Future Made in Australia” Agenda Affect the Economy?

Economic Transformation

The government’s “Future Made in Australia” agenda aims to drive economic transformation through cleaner, cheaper energy and job creation. The 2024–25 budget allocated $22.7 billion over a decade to support innovation, clean energy manufacturing, and investment. This includes funding for:

  • hydrogen
  • critical minerals
  • clean energy technologies
  • a $2 billion boost to the Clean Energy Finance Corporation

Green Metals Production

The current budget allocates over $3 billion to support the production of Australian-made green metals such as aluminium and iron.

What New Tax Cuts Have Been Announced?

New Tax Cuts

A notable feature of the budget is the announcement of new tax cuts for every Australian taxpayer from 1 July 2026. These cuts are in addition to those legislated last year, which have been rolling out since 1 July 2024.

Tax Rate Reductions

The new tax cuts will:

  • reduce the 16% rate to 15% from 1 July 2026
  • reduce the rate further to 14% from 1 July 2027
  • decrease receipts by $17.1 billion over five years

How Does the Budget Address Housing?

Increased Commitments

Housing is a key focus, with Labor pledging to increase total housing commitments to $33 billion, including:

  • $1.5 billion through the Housing Support Program
  • $3 billion in incentive payments under the New Homes Bonus

Help to Buy Scheme

The Help to Buy scheme is expanded with an $800 million commitment, enabling around 40,000 Australians to purchase homes with lower deposits and smaller mortgages.

Foreign Buyers Ban

Additionally, foreign buyers will be banned from purchasing existing homes for two years from April 2025, with:

  • $5.7 million allocated to the ATO for enforcement
  • $8.9 million for an audit program targeting land banking by foreign buyers

How Have Analysts and Industry Responded to the Budget?

Economic Analysts

Krishna Bhimavarapu, APAC economist at State Street Global Advisors, described the budget as “surprisingly more than a plain vanilla offering,” highlighting the surprise tax cuts and the government’s focus on productivity, clean energy, housing, defence, and infrastructure spending.

Financial Services Council

Financial Services Council chief executive, Blake Briggs, praised the Treasurer for addressing cost-of-living challenges and providing stability for the financial services industry.

Super Members Council

However, the Super Members Council (SMC) criticized the government for not going far enough with superannuation reforms, particularly the outdated law affecting teen workers’ retirement savings.

What Is Budget’s Impact on Businesses?

Contingency Reserve Allocation

The budget has set aside $40.8 billion in the contingency reserve for measures that are confidential or yet to be announced before the election, indicating additional business support may be on the horizon.

R&D Strategic Examination

The ongoing Strategic Examination of R&D (SERD) suggests major innovation support changes will likely be delayed until the Review’s recommendations are released.

Future Made in Australia Initiative

The budget reaffirms the government’s commitment to sustainability and economic transformation by investing in:

  • aluminium
  • iron ore
  • new investor “Front Door” facilitation

These investments support a transition to low-carbon production while ensuring Australia remains globally competitive.

Food & Grocery Code of Conduct

The budget emphasizes:

  • strengthening the Food & Grocery Code of Conduct
  • developing a National Food Security Strategy
  • supporting export and trade in agricultural and regional communities

What Is Budget’s Impact on Individuals?

HELP and Student Loan Repayments

Key measures include:

  • a 20% reduction in HELP or student loan balances before indexation on 1 June 2025
  • an increase in the minimum repayment threshold from $54,435 (2024–25) to $67,000 (2025–26)
  • repayments calculated only on income above the threshold

Energy Bill Relief

Energy bill relief measures will be extended for two more quarters, offering:

  • two additional $75 quarterly energy bill rebates through 31 December 2025

Personal Income Tax Compliance Program

The government will invest $75.7 million over four years from 1 July 2025 to target non-compliance by individual taxpayers.

What Does the Budget Mean for You?

  • Increased Take-Home Pay: From 1 July 2026, due to reduced personal income tax rates.
  • Reduced HELP and Student Loan Balances: A 20% one-off reduction plus revised thresholds.
  • Cost of Living Relief: Two extra $75 energy bill rebates.

These measures aim to provide financial relief and support to both businesses and individuals, fostering economic stability and growth.

Access the following link for more information about the goals and priorities of the Federal Budget 2025-26: Budget.gov.au | Budget 2025–26