Our
Approach
Strategic Commercial Dispute Resolution
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We act quickly and commercially when businesses face financial pressure, distress or potential insolvency. Our focus is on protecting value, managing risk and creating practical pathways forward before issues escalate.
Whether advising directors, developers or contractors, we provide clear, strategic guidance on restructuring, risk exposure and dispute positioning. Our team works across interconnected areas of law, including Commercial Litigation and Construction Law, ensuring every decision is aligned with both legal obligations and commercial outcomes.
Early intervention is critical. We work closely with clients to stabilise situations, minimise liability and position them for recovery, exit or enforcement where required.
Commercial Litigation Services
Strategic dispute resolution across commercial, corporate and contractual matters.
Restructuring
& Turnaround
We advise businesses on restructuring strategies designed to stabilise operations, preserve enterprise value and avoid formal insolvency where possible. This includes reviewing financial positions, renegotiating commercial arrangements and implementing practical turnaround pathways.
Our team works closely with clients across interconnected areas, including Contract Drafting & Negotiation and Developer & Contractor Advisory, ensuring restructuring strategies are legally sound and commercially effective.
Director Duties
& Liability
Periods of financial distress place directors under heightened scrutiny and legal risk. We provide clear, commercially focused advice on directors’ duties, potential exposure and decision-making obligations under the Corporations Act 2001 (Cth).
Our approach is to help directors act decisively while minimising personal liability, often working alongside our Corporate Governance & Directors’ Duties expertise to ensure compliance and strategic protection.
Insolvency Risk
Management
We proactively identify and manage insolvency risk before it escalates into formal proceedings. This involves assessing contractual exposure, creditor positions and potential claims, with a focus on protecting assets and maintaining commercial control.
Where required, we align our advice with broader risk strategies across Risk Management for Projects and dispute positioning, ensuring clients are prepared for both defensive and enforcement scenarios.
Disputes
& Recovery
When insolvency-related disputes arise, we act quickly to protect and enforce our clients’ positions. This includes debt recovery, enforcement of guarantees and complex commercial disputes.
We work closely with our Commercial Litigation team to deliver strategic, outcome-focused solutions, including urgent applications, negotiated settlements and formal proceedings where required.
Who We Act For
01.
Company Directors
02.
Developers & Contractors
03.
SMEs & Corporates
04.
Creditors & Lenders
05.
Insolvency Practitioners
Frequently Asked Questions
1 / When should I seek legal advice for insolvency risk?
You should seek legal advice as soon as your business begins experiencing sustained cash flow pressure, creditor demands or difficulty meeting financial obligations. Early intervention allows more options, including restructuring and risk management, rather than being forced into formal insolvency.
2 / What are a director’s duties during financial distress?
Directors must continue to act in the best interests of the company, avoid insolvent trading and make informed decisions based on the company’s financial position. Breaches can result in personal liability, which is why early legal guidance is critical.
3 / Can a business avoid formal insolvency?
In many cases, yes. With the right legal and commercial strategy, businesses can restructure operations, renegotiate obligations and stabilise their position. Our team regularly works alongside clients to explore alternatives before formal insolvency becomes necessary.
4 / What is insolvent trading?
Insolvent trading occurs when a company continues to incur debts while unable to pay its existing liabilities as and when they fall due. This can expose directors to personal liability, making it essential to identify and address risks early.
5 / How can creditors recover unpaid debts from an insolvent business?
Creditors may be able to pursue recovery through statutory demands, enforcement of guarantees or formal legal proceedings. The appropriate strategy depends on the financial position of the debtor and the available security or contractual rights.
5 / Do you act in insolvency-related disputes?
Yes. We act in a wide range of insolvency-related disputes, including debt recovery, contractual disputes and enforcement actions, working closely with our Commercial Litigation team to achieve strong outcomes.
Get in Touch
We understand that legal issues can be extremely time sensitive, and delays can put your case at risk.
We'll ensure a lawyer will get back to you within 24 hours, if not sooner.
For even faster response time, call us now:
03 9111 9908