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        Business Restructuring

        The Business Restructuring Team at DWF (Australia) led by Executive Partner, Kirsten Farmer, is comprised of solicitors with over 20 years’ experience.

        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 of Partners (Asia Pacific Region)

        Kirsten Farmer

        • Executive Partner (Sydney)

        Andrew Bautovich

        • Executive Partner (Melbourne)

        David Reid

        • Executive Partner (Newcastle)

        Cavelle Lindsay

        • Senior Associate