Brisbane Insolvency Lawyers
Irish Bentley Lawyers prides itself on its ability to provide innovative advice and options to protect and/or avoid the adverse consequences of insolvency. Boasting a team of proficient and commercially minded insolvency lawyers, Irish Bentley Lawyers aims to provide clear and structured advice and assistance to those facing the prospect of insolvency. Able to predict the possibilities and avoid unfavourable outcomes, our team is able to advise on all areas of insolvency.
What is Insolvency?
Solvency is defined at section 95A of the Corporations Act 2001 as follows:
“A person is solvent if, and only if, the person is able to pay all the person’s debts, as and when they become due and payable.”
When a person is not solvent, they are deemed insolvent. A company can be deemed insolvent, even if it has an asset surplus, if it cannot liquidate those assets quickly in order to satisfy its debts.
This whole concept of company insolvency is an extremely wide-ranging issue, and it can affect so many different groups of people.
Fortunately, our experts at Irish Bentley Lawyers have extensive experience in handling many different situations for people and companies on all different sides, and we are more than capable of handling yours.
Our services are very competitively priced, and the results of our successfully completed work are worth more than just money. We will ensure that the situation is resolved as quickly and simply as possible, and that you will be able to get back to your normal life.
For tailored advice please select from the below
If you know your company is insolvent and want to know your options.
If you are a business with an unpaid debt or invoice and fear that the company which owes you the debt may be insolvent, may be at risk of becoming insolvent or is insolvent and want to know how best to recoup your debt.
If you are a Director of a company being forced into liquidation or considering entering into liquidation voluntarily.
Our experience in insolvency, bankruptcy and restructuring spans over a decade and this has been instrumental to our ability to secure favourable results for our Clients.
Our reputation in this extremely specialised field is highly regarded in the industry, and we are listed on the Australian Restructuring Insolvency and Turnaround Association (ARITA) website as noted specialists. ARITA is the regulator for the insolvency industry.
Our experience is not only recognised in the profession but in the public at large, with our Client’s reaping the benefits of our experience firsthand in their cases.
Our team is well versed in insolvency litigation and we handle matters in all Courts and tribunals throughout Australia.
- We regularly set up and secure winding up Orders over companies and conduct the entire process from the service of the statutory demand through to advocating in Court for the appointment of a liquidator.
- We regularly pursue preference payments with values up to $1Million against the ATO, Banks and other preferential creditors.
- Defending former directors of a large interstate corporation against insolvent trading claims in excess of $8,000,000.00 including (but not limited to) Judgments against the company at the time the Client was a director, PAYG and superannuation contributions and accrued company expenses.
- Appointing an administrator over a company with debts exceeding $1Million and successfully presenting a proposal (via a Deed of Company Arrangement) that the company be returned to shareholders if $36,000 was paid over 3 years at $1,000/month.
- Negotiating the release and transfer of alleged company assets to former directors following the liquidation of its multinational companies.
- Successfully obtaining judgement on behalf of a liquidator pursuing a shadow director for an insolvent trading action for $500,000.00.
- Establishing ratified precedents for the service of documents with respect to statutory demands and winding up proceedings.‘Forza Finance Pty Ltd v. Vergepoint Sales and Management Pty Ltd  QSA 46 (24 February 2010)’.
- Securing the dismissal of a creditor’s petition against a Client on the grounds that the alleged debt was disputed and challenging the Judgment obtained with respect to same.
- AI Best International Commercial Lawyer 2017
- AI M&A Award 2016: Award for Excellence in Insolvency Law
- AI M&A Award 2016: Recognized leader in Litigation Solutions
Contact Irish Bentley Lawyers
For professional legal advice concerning all matters relating to insolvency, contact a Brisbane insolvency lawyer at Irish Bentley Lawyers.