Insolvency
We have worked on some of the most complex investment and financial services related insolvencies of the last 15 years, delivering outcomes that had been elusive prior to our engagement. We bring that experience and approach to all our matters involving insolvency or financial distress.
We act for directors, shareholders, insolvency practitioners, creditors and investors, helping them navigate the risks, threats and opportunities insolvency and financial distress present. We bring our expertise in financial services, credit and corporations and securities to deliver incisive and effective strategies.
- Insolvent trading and director related actions, voidable transactions, commercial claims of the entity in external administration – acting for insolvency practitioners, directors and other officers and investors, pursuing and defending claims
- Advising directors and other officers and acting for various parties affected by external administration, liquidation and receivership
- Devising and implementing novel approaches to high impact disputes which threaten insolvency
- Actions on behalf of investor groups to unlock value in insolvent investments and schemes
- Restructuring insolvent or financial distressed investments and investment schemes
- Public examinations and notices to produce in insolvency and bankruptcy matters
- Pre-insolvency advice and actions - advising directors and other officers on responding to financial distress – obligations, options, risks
- Funded insolvency related claims – working with insolvency practitioners and litigation funders
- General bankruptcy – advising individuals (and their spouses and associates) on bankruptcy, the process and risks, debt agreements, personal insolvency agreements and contested creditor petitions
- Acting for liquidators, administrators and receivers in matters arising under Chapter 5 of the Corporations Act 2001
Complex Case Experts
Our strength is providing insight and solving complex disputes, regulatory issues and critical financial services matters. Meet our highly regarded Directors here.
The clarity you need
While we work on some of Australia’s most complex cases, we believe you should be able to understand every aspect of your matter without a single doubt.
We’re not a big law firm
As senior lawyers from big national law firms, our Directors know that a small hand-selected team is much more effective. We give your matter the focus is deserves.
Why Mackay Chapman?
We are not just insolvency lawyers, but bring our expertise in investments, complex litigation, funding and regulation to our insolvency related work, using our expertise to find better ways of doing things. We look beyond process, to find alternative solutions and better ways of getting the outcomes our clients need
Some key/current matters include
- Acting for companies and officeholders in the iProsperity Group’s external administration and related matters
- Acting for a Receiver with respect to a dispute over ownership of dynamic pricing and channel management patents
- Acting for the landowner and major creditor in relation to the external administration of the Colmont School (formerly The Kilmore International School) in particular faciiating the replacement of the administrators by creditors
- Acting for a former member of an insolvent aged care association in an insolvent trading and breach of duty claim
- Acting for an Asia-Pacific subsidiary of multi-national telecommunications company in a voidable transaction claim
- Defending a claim by a Receiver of Apricity with respect to a factoring finance facility
Take a look at our case studies
Willmott Forests
How we can help
We can all be adversely impacted by regulators, that’s why it is important to get the right advice quickly. Some of the areas we advise clients on include:
- Financial services laws – licensing, authorised representatives, obligations (including best interests), compliance, AFCA disputes, Alleged illegal fundraising or unlicensed activity in financial services
- Corporations Act – consumer protection, fundraising, directors and officers’ duties
- Tax – ATO investigations, challenging amended assessments, high net wealth matters
- Capital markets - insider trading, market manipulation, compliance with listing rules
- Competition and Cartels
- RSE compliance
- Managed investment schemes and investment funds
- Professional issues – investigation and defence
- Building industry – licensing and insurance
Unlike other generalist lawyers we are specialists in helping businesses of all sizes strategically navigate their way through difficulties with regulators. We specialise in investigations, actions and issues concerning ASIC, ACCC, ATO and APRA.
We represent clients in Royal Commissions and Inquiries. We regularly represent clients in AFCA. We also act in discrete matters involving a wide range of regulatory bodies including professional bodies (CAANZ, IPA) and state regulators.