Insolvency Litigation

Dundas Lawyers advises both companies and individuals on all aspects of personal and corporate insolvency issues.

Areas of Insolvency Law Practice

We advise on:

• Personal pre-insolvency advice;
• Part IX Debt Agreements;
• Part X Personal Insolvency Agreements;
• Bankruptcy litigation;
• Bankruptcy annulment;
• Corporate pre-insolvency advice;
• Appointment of receivers and managers;
• Appointment of external administrators;
• Deeds of Company Arrangement;
• Voluntary and Compulsory liquidation; and
• Liquidation litigation.

Specialised insolvency legal services

Our legal services in this area include (but are by no means limited to):

• Drafting and serving bankruptcy notices;
• Applications to set aside bankruptcy notices;
• Prosecuting creditors’ petitions;
• Defending creditors’ petitions;
• Drafting and serving statutory demands;
• Applications to set aside statutory demands;
• Winding up applications based upon a failure to comply with a statutory demand;
• Defending winding up applications;
• Recovery of preferential payments in both personal and corporate insolvency contexts;
• Defending preferential payment claims in both personal and corporate insolvency contexts;
• Member’s voluntary administration and liquidation issues;
• Deeds of Company Arrangement;
• Insolvent trading and director’s obligations;
• Director related transactions;
• Director penalty notices; and
• Uncommercial transactions.

Recent articles relating to insolvency litigation

Unfair preferences – the Doctrine of Ultimate Effect

Safe Harbour granted to proactive directors of an insolvent company “if they are not merely living in hope”

What is an unfair preference claim?

• Good faith defence to unfair preference claims
• Unfair preference payments and third party payments

What kinds of documents can a liquidator get access to and from whom?

Contact us for a confidential discussion

For further information on how Dundas Lawyers Gold Coast can assist your organisation, please contact me personally for an obligation free and confidential discussion:

Mitch Brown Dip.T.,BA.,LL.B.,MQLS.
Legal Practice Director – Dundas Lawyers Gold Coast Pty Ltd
Telephone: 07 5646 9174
Mobile: 0420 205 105
e:  mbrown AT dundaslawyers.com DOT au
1300 386 539 | 1300 DUN LAW