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Insolvency & Restructuring

Russell Kennedy has a strong insolvency and restructuring practice with demonstrated experience acting for insolvency practitioners as well as corporate and private clients who require insolvency and restructuring advice.

 

We have expertise in advisory and litigious matters. These include experience advising clients with unfair preference claims, deeds of company arrangement, personal liability for breaches of directors’ duties, and assisting administrators, liquidators, receivers and managers, and trustees in bankruptcy, with a broad range of matters. Whether we are acting for the partners of national accounting firms, creditors, or directors of companies, our national team has the skills and experience to respond promptly to your needs.

We advise our clients on corporate restructuring strategies and planning. These include legal structures and corporate group methodologies; asset protection strategies; mergers, acquisitions and joint ventures; asset sales; fundraising (including capital raisings and debt funding); and buy-backs and capital reductions.

Drawing on Russell Kennedy’s strong reputation with corporate and government clients across a range of sectors, we operate in all Australian state jurisdictions. We are committed to providing reliable, strategic advice and achieving commercial results for our clients.

Insolvency

  • Advising insolvency practitioners on all aspects of insolvent administrations, including corporations and bankruptcy matters;
  • conducting and defending antecedent and voidable transactions claims;
  • advising on security disputes and enforcement, including in relation to the Personal Property Securities Act;
  • assisting with complex investigations into the affairs of insolvent entities, including cross-border insolvency matters;
  • assisting with the resolution of shareholder disputes; and
  • extensive experience with personal insolvency and bankruptcy matters.

Restructuring

  • Assisting clients with a range of restructuring transactions, including deeds of company arrangement, sales of distressed assets and advising on ‘safe harbour’ strategies;
  • advising on corporate restructuring strategies, including drafting and negotiating shareholder and other joint venture agreements, mergers and acquisitions, buy back and capital reductions, asset spin offs and fundraising; and
  • providing specialist advice to directors, officers and boards regarding statutory duties and obligations, drawing on a cross disciplinary team to meet the needs of a complex range of industries.

View related insights

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Insolvency & Restructuring Alert: COVID Update on Bankruptcy Notice and Statutory Demands

10 Feb 2021

In March 2020 the Australian Government announced a series of amendments to the insolvency and bankruptcy laws as part of the wider economic response to the COVID-19 pandemic.

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Payment Terms to be Disclosed

12 Nov 2020

New laws have now been passed by both houses of the Federal Government in the form of the Payment Times Reporting Act 2020 (Cth)(Act). The Act is slated for commencement on 1 January 2021.

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Insolvency in the Construction Industry – COVID Relief Extended to 31 December

28 Sep 2020

Insolvency in the construction industry is a perennial concern for contractors who can be thinly capitalised and depend on reliable cash flow to meet obligations to staff and suppliers. Temporary ins ...

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