Insolvency and Asset Recovery

Overview

We act for insolvency practitioners, creditors and creditor groups where an external administration has a fraud or misconduct dimension: voidable transactions, director-related dealings, phoenix activity, and assets moved beyond apparent reach.

We understand the practitioner’s position: an estate may hold real claims but limited or no funds with which to understand them. Our capped-cost claim-viability review addresses that directly: within an agreed budget, we examine the books, the transactions and the recoverability of targets, and report on which claims are worth running, in a form you can put before a committee, a court or a funder. If the answer is none, we say so. Where claims are viable, we are prepared to share in the risk, through staged fees, deferred fees or funded arrangements, where the claims justify it.

Our work includes

• voidable transaction and unreasonable director-related transaction claims;
• creditor-defeating dispositions and illegal phoenix activity;
• insolvent trading claims;
• public examinations and orders for production;
• tracing claims, in Australia and cross-border;
• freezing orders in aid of recovery;
• claims against directors, advisers and related entities;
• defence of clawback claims for recipients.