When your business is suffering financially, it extremely difficult to know where to turn or what to do.  Madgwicks Lawyers provides you with an unrivaled depth of experience combined with an approach that seeks a lateral solution to problems.

Personal insolvency

Personal insolvency issues can arise for many reasons; debts arising from a business in financial difficulty, security guarantee obligations linked to being the director of a company, director penalty notices issued by the ATO or an unexpected interruption to your income due to a once-in-a-lifetime event.

It is stressful for all parties involved and we draw on our deep experience in these matters in an approach that provides you with straight forward advice that is strategic and seeks to work with creditors to arrange an agreement avoiding personal bankruptcy as a priority.

Our insolvency team also regularly provides advice to creditors such as commercial banks and non-bank lenders, giving them insights into their negotiation and outcome objectives, which we use to obtain a positive result for you.

Corporate insolvency

The Insolvency and Reconstruction team at Madgwicks Lawyers has a long history in successfully acting in high-profile and high-value corporate insolvency matters as well as providing detailed and complex restructuring advice.

Our strategic approach goes beyond attending only to the financial implications and incorporates addressing any personal and business reputation issues and workplace and employment concerns.

Collaborating closely with Madgwicks' expert partners in areas such as corporate governance and compliance (including taxation), workplace relations and asset protection can help attain the optimal strategic outcome for you and your business.

We act for both directors and insolvency practitioners and are engaged in all areas of corporate insolvency from asset protection and restructuring advice, to acting for clients in complex litigation brought by insolvency practitioners.

Our insolvency team is highly experienced and trusted by clients with their complex corporate insolvency matters.

Services

  • Innovative structuring of insolvency assignments
  • Implementing corporate restructures, particularly in the area of complex 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
  • Implementation of deeds of arrangement and work-outs for companies in financial difficulties
  • Liquidator examinations for both liquidator and examinees
  • Acting for trustees in bankruptcy and those facing bankruptcy proceedings
  • Assisting individuals in dealing with creditors and trustees in bankruptcy
  • Acting in the wind up of companies and bankruptcy proceedings

Our Experts

Businesses rely on Catherine as a disputes specialist who will guide them through complex litigation, and who understands the commercial realities of being involved in a dispute.

John Caridakis

Partner
John has extensive experience representing clients in litigious matters and disputes relating to property, contracts, building and construction, lending and mortgages, trade practices and shareholder oppression.

Angelo Conti

Partner
Angelo has acted in a number of high-profile corporate collapses and is an experienced insolvency practitioner with a commercial outlook who takes a holistic approach in determining the best course of action.

Peter Kennedy

Partner
A founding partner of Madgwicks Lawyers, trusted Melbourne legal identity and an astute business leader, Peter is a respected and much sought after litigation and insolvency lawyer.

Lisa McNicholas

Senior Associate
Highly experienced in insolvency and commercial litigation, Lisa is a well connected lawyer who creates tailor-made approaches to achieve successful and commercially minded outcomes for her clients.

Sonam Pala

Senior Associate
Sonam has strong litigation experience across contractual, property and construction, consumer law and corporate restructuring matters.

John Miller

Associate
With experience developed as a dispute and litigation lawyer for the Commissioner and Deputy Commissioners of Taxation, John brings hands on knowledge from managing complex insolvency and debt recovery proceedings together with a deep understanding of the mechanics of government agencies.

Lee Filkin

Lawyer
A versatile and results-driven lawyer, Lee achieves successful outcomes for clients across a range of industries.

Thought Leadership & Past Experiences

Director Identification Numbers – important dates

Statutory demands are serious documents and should never be ignored.
4 April, 2022

Disputes between directors and shareholders and the importance of taking proactive steps early

We are regularly engaged to assist directors and shareholders who are engaged in disputes, often where there is a 50/50 deadlock, as the interests in the business are equally owned (whether as shareholders or beneficiaries of a trust). Often the...
25 March, 2022