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    We picked the most highly specialised and talented lawyers

    We assist directors, creditors, insolvency practitioners, and recipients of payments in assessing, defending, or pursuing voidable transaction and recovery claims. Our focus is on resolving disputes efficiently while protecting your financial position and legal rights. Our advice is strategic and commercially focused. We help clients navigate complex statutory regimes, including strict time limits and evidentiary requirements, while minimising disruption, uncertainty, and unnecessary cost. Whether acting for a claimant or respondent, we aim to achieve practical outcomes aligned with your objectives.

    Stipe Vuleta

    Managing Director

    Sayward McKeown

    Associate Director

    Michael Lalji

    Special Counsel

    Neil Bookseller

    Senior Associate

    Kayla Newell

    Senior Associate

    Sam Keys-Asgill

    Associate

    Thomas Grover

    Associate

    Grace Tully

    Senior Lawyer

    Lachlan Evans

    Senior Lawyer

    Our process

    01Reviewing the transaction

    We analyse the timing, purpose, and financial context of the transaction to determine whether it may fall within voidable transaction provisions.

    02Assessing exposure

    We identify potential liability, available defences, and the strength of any claim before further steps are taken.

    03Developing a strategic response

    We prepare a tailored plan to defend, negotiate, or pursue recovery aligned with your commercial objectives.

    04Engaging with stakeholders

    We manage communication with liquidators, trustees, creditors, and other parties to promote structured and constructive progress.

    05Resolving or litigating the matter

    We pursue negotiated settlement where possible or provide strong representation if court proceedings are required.

    Our services

    01 Preference Claim Defence

    Unfair preference claims are among the most common recovery actions in insolvency. Recipients of payments may be required to repay significant sums even where transactions appeared ordinary at the time. 

    What we assess

    We review the circumstances of the payment, including timing, solvency position, and whether statutory defences such as good faith or ordinary course of business may apply. Evidence gathering is critical at this stage. 

    Protecting financial interests

    Early legal advice strengthens defence strategy, improves negotiation leverage, and often leads to more efficient resolution. 

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    Transactions entered into at less than market value or on terms detrimental to creditors may be challenged as uncommercial or unreasonable. These claims can involve complex financial analysis. 

    How we evaluate claims

    We assess whether the transaction met statutory criteria, examine valuation evidence, and determine whether there are viable defences or mitigation strategies available. 

    Reducing exposure proactively

    Early evaluation enables clients to understand risk clearly and pursue negotiated outcomes where appropriate. 

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    Directors may face claims relating to payments, transfers, or benefits received before insolvency. These claims can carry reputational and financial consequences. 

    What we advise on

    We clarify director obligations, review the surrounding financial circumstances, and assess available statutory protections. 

    Managing liability and reputation

    With structured advice and strategic engagement, directors can respond confidently while minimising risk and reputational impact. 

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    Liquidators and trustees have statutory duties to investigate and pursue potential recoveries for creditors. Recovery decisions must be supported by evidence and aligned with commercial practicality. 

    How we support recovery actions

    We assist in identifying potentially voidable transactions, assessing recovery prospects, and preparing claims that meet statutory requirements and time limits. 

    Maximising creditor outcomes

    A measured and evidence based approach improves recovery efficiency and strengthens negotiation or litigation positioning. 

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    Many voidable transaction disputes can be resolved without formal litigation. Settlement may provide faster and more commercially sensible outcomes. 

    How we structure negotiations

    We develop negotiation strategies based on claim strength, financial exposure, and cost considerations. We also ensure settlement terms are clearly documented and enforceable. 

    Achieving certainty efficiently

    Strategic settlement often reduces disruption, legal expense, and prolonged uncertainty. 

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    Where resolution cannot be achieved through negotiation, formal proceedings may be required. Litigation in insolvency matters demands careful preparation and technical expertise. 

    What we manage

    We prepare pleadings, manage evidence, coordinate expert input, and advocate strongly on your behalf throughout the court process. 

    Focused and strategic advocacy

    Our approach emphasises efficiency, clarity of argument, and pursuit of the most favourable outcome available under the circumstances. 

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    Why Choose Us for Voidable Transactions & Recoveries?

    Voidable transaction claims are rarely straightforward. They often emerge months or years after a payment or transfer was made, and by the time a demand is received, the financial and evidentiary landscape may have shifted significantly. Strict statutory timeframes, technical insolvency tests, and complex financial analysis mean that early and strategic advice can materially influence the outcome. 

    At Chamberlains, we approach recovery and defence matters with precision and commercial focus. We begin by carefully analysing the transaction in question, the surrounding financial circumstances, and the strength of any claim or defence. Whether you are a director facing scrutiny, a creditor responding to a demand, or a liquidator pursuing recoveries, we tailor our advice to your specific position and objectives. 

    Things You Should Know

    • Strict Time Limits Apply: Recovery actions are governed by legislative limitation periods. 
    • Evidence Is Central: Financial records and trading history often determine success. 
    • Defences May Be Available: Good faith and ordinary course of business protections can apply. 
    • Early Engagement Matters: Prompt response can strengthen negotiation position. 
    • Commercial Strategy Is Critical: Not every claim should be litigated. 

    Navigating Complex Insolvency Risk

    Voidable transaction disputes require more than technical knowledge. They demand practical judgment about cost, risk, reputation, and likely recovery. From defending unfair preference claims to pursuing uncommercial transaction recoveries, each matter requires careful sequencing and strategic engagement. 

    Our team manages correspondence, negotiations, and litigation with a clear focus on proportionate outcomes. We balance assertiveness with pragmatism, always aiming to protect financial interests while minimising disruption. 

    Take Control Early

    If you are facing a voidable transaction claim or considering recovery action, early advice can significantly improve your position. At Chamberlains, we provide clear, strategic guidance to help you respond confidently and protect your interests at every stage of the process. 

    FAQ

    01What is a voidable transaction?

    A voidable transaction is a transaction that may be reversed by a liquidator or trustee if statutory criteria are met, often relating to timing, solvency, and impact on creditors.

    Yes. Several statutory defences may apply depending on the circumstances. Early advice is critical to preserve evidence and strengthen your position.

    No. Many voidable transaction disputes are resolved through negotiation. Early engagement often leads to more efficient and cost effective outcomes.

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