Restructuring and Insolvency

Periods of financial distress can be overwhelming, but with the right guidance, businesses can navigate these challenges effectively. We assist companies in understanding their financial position, identifying key risks, and implementing strategies to stabilise operations and preserve value. Our team is committed to helping you weather difficult times and emerge stronger.

Directors face unique challenges during times of financial uncertainty, particularly when insolvency risks arise. We provide clear, practical guidance on directors' legal obligations, including how to avoid personal liability for insolvent trading and ensure compliance with statutory duties. With our support, directors can act confidently and responsibly to safeguard their position and the company's future.

Global restructurings will often have an Australian element, such as a local subsidiary that needs to be managed, sold or wound up, or a need for recognition of an offshore insolvency process in Australia under the Model Law on Cross-Border Insolvency. Our team includes two INSOL Fellows, and regularly advises offshore debtors and advisers.

The safe harbour provisions under the Corporations Act offer directors a vital pathway to protect themselves from insolvent trading liability while working to restructure their company. We provide expert advice on accessing this protection, guiding directors through the steps needed to develop and implement a viable restructuring plan. With our assistance, directors can focus on turning their business around with confidence.

Restructuring a business often requires the right expertise and access to capital. We leverage our extensive network of trusted financial advisors, turnaround specialists, and alternative capital providers to connect you with the resources you need. Whether it's securing funding or obtaining specialist advice, we'll ensure you have the right support to drive your restructuring efforts forward.

As directors and management, you are navigating complex legal and commercial challenges during this period of financial distress. We provide clear, practical advice to help you meet your legal obligations, including directors' duties, while protecting your personal and professional interests. Our expertise in safe harbour protections and restructuring strategies ensures you can act decisively and responsibly.

We work closely with lenders to protect and maximise the value of their investments in distressed situations. Our team provides expert advice on workout strategies, security enforcement, and restructuring options to achieve optimal outcomes. We are experienced in balancing commercial imperatives with legal considerations to deliver practical, timely solutions.

In times of financial distress, equity holders need a clear understanding of their rights and options. We provide strategic advice to help you protect your interests, whether through participation in restructuring negotiations, recapitalisation efforts, or formal insolvency processes. Our goal is to help you achieve the best possible outcome in a challenging environment.

We understand the critical role suppliers and trade creditors play in a company's operations, even during financial distress. Our team can help you navigate the complexities of dealing with a distressed customer, including understanding your rights, negotiating payment arrangements, and protecting your position in the event of insolvency.

We understand the unique opportunities and challenges faced by alternate capital providers in distressed situations. Our team provides strategic advice on structuring and executing investments, whether through debt, equity, or hybrid instruments. We assist in identifying opportunities, managing risks, and navigating the complexities of distressed transactions to help you achieve your investment objectives.