insolvency

Commercial enterprise is in a continuous state of flux and our insolvency laws continue to develop and be tested on a daily basis to deal with the ever changing demands of commerce.

The insolvency group at gadens melbourne is a leader in its field. With a dedicated team of insolvency lawyers acting for many of Australia’s leading financial institutions and insolvency practitioners, we operate at the cutting edge of insolvency laws in Australia to provide a seamless delivery of service to our clients. Our depth of experience and skill is such that we act for administrators, liquidators and receivers in the largest of national corporate collapses and for trustees in bankruptcy in the most complex of bankruptcy administrations.

Our partners are members of the Insolvency Practitioners Association of Australia. As members of the Law Council of Australia’s (and Law Institute of Victoria's) Insolvency and Reconstruction Committee, a number of our partners have been influential in the development of insolvency laws in recent years. This experience often leads to invitations for our team members to provide commentary to national and local press and radio, as well as presenting to industry groups and forums.

technical expertise, commercial solutions

What distinguishes us from the competition is the combination of technical skill with a commercial solution. Examples of this combination of skills applied in recent times include:

• acting for receivers generally and in the realisation of the assets of a large national trading enterprise;
• acting for McGrathNicol & Partners in relation to a building / construction company’s Receivership, exercising Power of Sale without taking possession of property due to heavy pollution of site, and managing litigation running for 70 days in the Supreme Court of Victoria concerning causes of pollution and recovery of damages by the Receiver;
• acting in relation to the Evans & Tate receivership sale of all winery assets, dealing with multiple ROT claims, contract advice, effect of Voluntary Administration and Liquidation;
• acting for a bank appointing the Receiver and Manager of an aged care facility in relation to the sale by the Receiver and Manager of the facility, and in subsequent legal proceedings in the Supreme Court in relation to the sale and allegations of unenforceable securities;
• advising on all aspects of the winding up of and liquidation of a retirement home provider’s Unregistered Managed Investment Schemes (30 schemes); and
• acting for liquidators in the investigation and recovery of voidable transactions and the investigation and prosecution of insolvent trading claims (the investigations including the conduct of extensive public examinations of former directors).