Insolvency & Reconstruction.

Even with the best of intentions, there may come a time when a business simply can’t afford to keep operating. Accompanying the personal and financial stress of this time is the need to confront what seems like a tsunami of complex legalities.

Chamberlains are experts when it comes to insolvency and reconstruction matters.

Whether you are a business owner, creditor, shareholder or insolvency practitioner, we offer you direct, realistic and practical advice designed to give you a sensible business solution.

Restructuring & Asset Protection

Businesses confronting a looming financial crisis and needing help responding to mounting debt obligations, may gain breathing room from a corporate restructure.

Chamberlains can guide businesses through the legal options of this ‘warm restart’ including cutting their debt, and aiding recovery, all with a focus on preserving company value and operations.

These processes go hand in hand with hand with protecting valuable business assets from possible future financial setbacks and setting up preventative new legal processes to avoid similar issues in the future. These are sensible exercises, but can be made complex when considering tax laws.

Chamberlains can also provide legal advice necessary to implement a ‘cold restart’ with a business reincarnation.

No matter the situation, as experienced lawyers with a commercial mindset, we are well-placed to help create more robust operating set ups. Talk to us about:

  • tax structuring
  • securitisation
  • debt-equity swaps
  • refinancing/recapitalisation
  • creditor negotiations
  • share transfers
  • multi-party workouts.

Corporate Insolvency

When a business shows signs of impending financial trouble, it’s best to act fast because when it comes to corporate insolvency, timing is everything.

There may be rescue options available but selecting the right tool to enforce recovery needs to be balanced against counter-productive action that may depress the realisable value of assets and close the door on trading.

Specialist advice is critical to shaping the most appropriate outcome, whether that is voluntary administration, informal restructuring or an ultimate liquidation.

Business owners may also be wrestling with additional concerns about staff, premises and their own personal liability.

Fortunately, Chamberlains has a leading team of experienced insolvency lawyers who advise insolvency practitioners on a daily basis and can clarify and provide specialist legal advice on how best to relieve financial distress or to overcome any manner of professional issues which may arise in any appointment.

See us for help with:

  • winding up application and adjournments
  • schemes of arrangements
  • preferential payment claims
  • insolvent trading
  • voidable transactions
  • debt moratoriums, standstill agreements and refinances
  • creditors’ trusts
  • retention of title issues
  • employment matters stemming from insolvency
  • workout arrangements
  • court applications for appointments of a liquidator, provisional liquidator, receiver or trustee
  • directions and other applications

Personal Insolvency

The last thing anyone who is over-indebted needs is to be pushed into a difficult situation and choose an inappropriate solution. Different people struggling with debts have different characteristics; relief and financial rehabilitation needs to be tailored to their specific circumstances.

Chamberlains’ team can vigorously represent bankruptcy trustees in complex matters and can also sensitively develop an appropriate course of action for individuals— including company directors— whether they are dealing with bankruptcy, personal insolvency agreements, compositions and annulments, property disputes, family law proceedings or voidable transactions. We can also chart a route for those administering the estate of someone who was bankrupt at their death, or whose estate becomes insolvent during disposal.


Do you owe people money? Are you being pursued by your creditors?

Our insolvency lawyers are experts in working with individuals who are in financial distress and can help you to achieve an optimal outcome, particularly if you are:

  • In debt;
  • Being pursued by your creditors and/or debt collectors;
  • Stressed, have too much debt and want to know your legal options;
  • Already considering bankruptcy; or
  • Exploring your options regarding either a:
    • Part IX consumer debt agreement; or
    • Part X personal insolvency agreement.


Are you a bankruptcy trustee?

Our team are highly skilled in acting for bankruptcy trustees in everything from straight forward administrative and procedural dealings with AFSA to complex court proceedings and public examinations, and have a breadth of expertise in amongst other things:

  • Professional compliance and administrative matters before the Official Receiver;
  • Public examinations both in Court and before AFSA officials;
  • Section 305 funding applications;
  • Section 77A notices and related proceedings;
  • Voidable transaction and trust recoveries;
  • Section 139ZQ notices and related proceedings;
  • Sale of real property and related negotiations and court applications;
  • Applications for the appointment of trustees for sale;
  • Remuneration and directions applications; and
  • Specialist services including family law and deceased estate matters.


Specialist Services – Family Law, Deceased Estates & Bankruptcy

Unlike many other law firms,  we work in a non-siloed way, meaning our insolvency experts work hand in hand with our family law and deceased estate experts to provide targeted and efficient advice and representation to you when your bankruptcy matter becomes intermingled with a family law or deceased estate issue. Whether it is assisting a bankruptcy trustee to resolve an estate’s interest in a family law property pool, or assisting the administrator of a deceased estate to convert the estate to a bankrupt deceased estate, we are perfectly equipped to assist. Day or night, we’re with you.

Director, Shareholder & Creditor Advice

Solvency is not only the ability for a business to pay its debts it’s what keeps the commercial world rotating on its axis.

Solvency is also a common element linking directors, shareholders and creditors. When it’s reduced or absent, the balance tips and one or more parties become weighed down with challenging legal and financial situations.

Whether a director, shareholder or creditor, Chamberlains’ experienced team can put you in the best position to resolve your issues in the most legally prudent and cost-effective way.

We can advise directors on matters such as:

  • whether there is any avenue to avoid liquidation
  • what their obligations are if the business does go into external administration and the steps they must take in dealing with suppliers, creditors and assets
  • whether they are likely to be personally exposed legally and financially

We can advise creditors on matters such as:

  • priority disputes
  • whether there are Personal Property Securities registration issues
  • removing insolvency practitioners
  • Deeds of Forbearance and informal workarounds

We can advise shareholders on matters such as:

  • legal options for share transfers
  • tax law relating to a capital loss
  • legal status as a creditor
  • liquidator committees of inspection


Contact our specialist insolvency and reconstruction lawyers to discuss your claim today. We assist clients across Australia, but you can find physically in our Sydney, Newcastle, Canberra, and Perth offices: