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        Business Restructuring and Insolvency

        The national Business Restructuring & Insolvency team at DWF (Australia) is led by Principal Lawyers Kirsten Farmer and Mary Nemeth, and is comprised of solicitors with over 20 years’ experience in all aspects of business restructuring and insolvency, as well as commercial disputes and litigation.

        Our solicitors have been engaged to provide advice to clients from a myriad of industries, ranging from financial services, health care, insurance, real estate, automotive, construction, retail, manufacturing, hotel and franchising. We work with insolvency practitioners, financial institutions, business owners and directors, creditors, regulators and litigation funders on all aspects of corporate insolvency and personal bankruptcy.

        Some of these include:

        • Creditor’s statutory demands for payment of debt

        • Bankruptcy Notices

        • Winding-up applications

        • Creditor’s Petitions 

        •  Security reviews
        •  Appointments (including over trusts)
        • Security enforcement strategies and implementation
        • Recoveries
        • Sale and transfer of assets and undertakings
        • Negotiations with lessors and key contractors
        • Ipso facto reforms
        • Payment priorities
        • Personal Property Securities Act (PPSA)
        • Insolvency Conduct Rules

        • Appointments (including appointments over trusts)
        • Preparation of reports to creditors
        • Creditors meetings
        • Negotiating with lessors and key contractors
        • Ipso facto reforms
        • Deeds of company arrangement
        • Creditor’s trusts
        • Sale and transfer of assets and undertakings
        • Applications to Court for directions/extensions of time
        • Applications to Court for approval of remuneration
        • Insolvency Conduct Rules

        • Appointments (including appointments over trusts)
        • Examinations
        • Litigation, including voidable transactions, insolvent trading claims and claims for breaches of directors’ duties
        • Negotiating with lessors and key contractors
        • Sale and transfer of assets and undertakings
        • Applications to Court for directions/extensions of time
        • Applications to Court for approval of remuneration
        • Sourcing litigation funding
        • Dealing with regulators
        • Insolvency Conduct Rules

        • Appointments
        • Examinations
        • Litigation, including undervalued transactions, transactions to defeat creditors
        • Section 77C Notices
        • Section 139ZQ notices
        • Sale and transfer of assets and undertakings (including sale of property)
        • Income contributions
        • Applications to Court for directions
        • Applications to Court for approval of remuneration
        • Dealing with regulators
        • Sourcing litigation funding
        • Insolvency Conduct Rules

        • Risk identification
        • Security reviews
        • Insolvency options
        • M & A options
        • Safe harbour reforms
        • Asset and undertaking sales and purchases
        • Refinances of existing debt facilities or additional securities
        • Introductions to potential lenders, investors and purchasers
        • Assisting investigative accountants on behalf of secured lenders
        • Acting for insolvency practitioners in relation to any appointments arising from or as part of a restructure

        Mark Hickey

        • Chairman (Asia Pacific)

        Andrew Bautovich

        • Principal Lawyer

        David Reid

        • Principal Lawyer

        Lachlan Wilson

        • Principal Lawyer

        Jason Lambeth

        • Principal Lawyer

        Cavelle Lindsay

        • Senior Associate

        Cameron McKenzie

        • Principal Lawyer

        Philip Gleed

        • Principal Lawyer // Executive Head (Melbourne)

        Mary Nemeth

        • Principal Lawyer // Head of Litigation & Insolvency (Melbourne)

        Chantal Reigo

        • Principal Lawyer