Insolvency and Restructuring

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HWL Ebsworth’s expertise in all matters relating to insolvency and restructuring means that our clients are provided with practical advice and tailored legal services that meet their individual needs.

Our experience in this area covers the whole spectrum of corporate distress, from the early signs of business financial distress, through creditor work-outs, restructure arrangements, debt and equity restructurings, to providing advice on formal insolvency administrations. We regularly act for banks, insolvency practitioners, national and multinational companies, creditors and foreign law firms advising on turnaround and insolvency related issues.

HWL Ebsworth enjoys strong relationships with most of the major national and local insolvency firms which gives us the ability to communicate efficiently with appointed administrators, liquidators or receivers and resolve issues promptly.

We have broad capabilities acting in complex insolvencies including dealing with contractors, suppliers and retention of title creditors and are familiar with the legislation that governs the effect of insolvency on subcontractors in all regions of Australia.

Expertise

Our relevant experience includes acting on the following matters.

  • We advised the receivers and managers of Dalby Bio-Refinery Ltd which produced fuel grade ethanol for use in motor vehicles.  We advised the receivers during their operation of the facility for an extended period and then advised them during the sale process of the facility to United Petroleum.
  • We acted for the Directors and Officers of Allied Brands Limited, the master franchise of Baskin-Robbins USA and several other major retail food chains during the final stages of its restructure, voluntary administration and liquidation, including negotiations with banking syndicates and the ASX requirements for relisting.
  • We acted for a range of creditors asserting retention of title claims, in connection with the collapse of Clive Peters and assisted them in successfully having their claims recognised by the administrators and receivers.
  • We acted for the liquidators of Bill Express Ltd which collapsed owing creditors in excess of $250million. We advised the liquidators in connection with a range of potential causes of action to recover monies for the insolvent estate.

Insolvency and Securities Enforcement

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