Insolvency & Reconstruction

Over the last 35 years, Madgwicks' Insolvency and Reconstruction practice has worked on a number of high profile and complex corporate collapses. Our insolvency reconstruction lawyers have a broad knowledge of all aspects of both personal and corporate insolvency.

The solid reputation of our insolvency practice is the result of a combination of our depth of experience and unique approach. We are commercially focused and seek to find lateral solutions to problems.

The services we provide in the Insolvency and Reconstruction area include:

• Acting for a diverse range of clients including Liquidators, Administrators, Receivers, Trustees, companies and debtors;
• Innovative structuring insolvency assignments;
• Implementing corporate restructures, particularly in the area of corporate groups facing difficulty;
• Advising secured lenders on their exposure to debtors in financial difficulties;
• Asset protection and risk management strategies for clients;
• Acting for clients in the defence of litigation initiated by insolvency practitioners - for example, insolvent trading, breach of duty actions and litigation based on guarantees;
• Advising creditors on their rights and remedies in connection with defaulting facilities;
• Assisting in litigation funding proposals; and
• Implementation of deeds of arrangement and work-outs for companies in financial difficulties.

Some recent experience include:

• Acting for the liquidator of a tertiary education student union, including applying to the Court for injunctions and setting aside uncommercial transactions;
• Acting for a foreign statutory body in a complex litigation concerning ownership and valuation of a global brand;
• Acting for the Administrators of a petrochemical company involving ACCC litigation and fines for anti-competitive behaviour; and
• Acting for the receivers of a large retail chain, including handling the sale of the businesses.

Madgwicks are also currently acting for a number of significant Opes Prime clients in the Federal Court of Australia.