Insolvency

We have worked on some of the most complex investment and financial services related insolvencies of the last 15 years, delivering outcomes others couldn’t. We bring that experience and approach to all our matters involving insolvency or financial distress.

We act for directors, shareholders, insolvency practitioners, creditors and investors helping them navigate the threats, risks and opportunities insolvency and financial distress present.  We bring our expertise in financial services, credit and corporations and securities to deliver incisive and effective strategies.

  • Restructuring insolvent or financial distressed investment schemes
  • Voidable transactions, insolvent trading, director recovery actions and commercial claims involving entities in external administration – acting for insolvency practitioners, directors and other officers and investors in pursuing and defending claims
  • Public examinations and Notices to produce, in insolvency and bankruptcy matters
  • Pre insolvency advice and actions - advising directors and other officers on responding to financial distress – obligations, options, risks
  • Devising and implementing novel approaches to high impact disputes which threaten insolvency
  • Funded insolvency related claims – working with insolvency practitioners and litigation funders to pursue claims
  • General bankruptcy – advising individuals (and their spouses and associates) on bankruptcy, its process and risks, debt agreements, personal insolvency agreements and contested creditor petitions
  • Advising directors and other officers and acting for various parties affected by external administration, liquidation and receivership
  • Acting for liquidators, administrators and receivers in external administrations and in matters arising under Chapter 5 of the Corporations Act 2001
  • Targeted Court actions on behalf of investor groups to unlock value in insolvent schemes.

Complex Case Experts

Our strength is providing insight and solving complex disputes, regulatory issues and critical financial services matters. Meet our highly regarded Directors here.

The clarity you need

While we work on some of Australia’s most complex cases, we believe you should be able to understand every aspect of your matter without a single doubt.

We’re not a big law firm

As senior lawyers from big national law firms, our Directors know that a small hand-selected team is much more effective. We give your matter the focus is deserves.

The Mackay Chapman team standing around a desk
our experience

Why Mackay Chapman?

We are not just insolvency lawyers, but bring our expertise in investments, complex litigation, funding and regulation to our insolvency related work, using our expertise to find better ways of doing things.  We look beyond process, to find alternative solutions and better ways of getting the outcomes our clients need

Some of our recent matters include

  • iProsperity Group external administration and related disputes
  • Pursuing various claims against large construction companies on behalf of the liquidators of a subcontractor company
  • Willmott Forests Group administration and liquidation
  • Representing a bankrupt defendant in criminal proceedings under the Bankruptcy Act
  • Acting for the administrators of a software company in a matter involving complex legal issues in relation to contractual construction
  • Advising a company director and professional on substantial negligence claims and potential bankruptcy implications for assets and recovery against them
  • Representing a former spouse of a company director in public examinations and responding to notice to produce issues by a liquidator and bankruptcy trustee
we’re specialist lawyers

Take a look at our case studies

our specialities

How we can help

We can all be adversely impacted by regulators, that’s why it is important to get the right advice quickly. Some of the areas we advise clients on include:

  • Financial services laws – licensing, authorised representatives, obligations (including best interests), compliance, AFCA disputes, Alleged illegal fundraising or unlicensed activity in financial services
  • Corporations Act – consumer protection, fundraising, directors and officers’ duties

  • Tax – ATO investigations, challenging amended assessments, high net wealth matters
  • Capital markets - insider trading, market manipulation, compliance with listing rules
  • Competition and Cartels
  • RSE compliance
  • Managed investment schemes and investment funds
  • Professional issues – investigation and defence
  • Building industry – licensing and insurance

Unlike other generalist lawyers we are specialists in helping businesses of all sizes strategically navigate their way through difficulties with regulators. We specialise in investigations, actions and issues concerning ASIC, ACCC, ATO and APRA.

We represent clients in Royal Commissions and Inquiries.  We regularly represent clients in AFCA.  We also act in discrete matters involving a wide range of regulatory bodies including professional bodies (CAANZ, IPA) and state regulators.

Book your free consultation today