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Commercial

Insolvency

Legal advice and support from experts in company and personal insolvency.

Insolvency and how we help and support our clients

Company and personal insolvency can have wide-ranging and potentially significant impact on your business, your family and your employees.

At Burke & Associates lawyers our insolvency lawyers understand that the financial stability of a business, whether it be operated via a company or by a person as a sole trader, is important for the business and importantly its owners.  Financial instability can affect customers, suppliers, sub-contractors, landlord and any other party that a business trades with.

The lawyers in our Commercial & Disputes Division are experienced in acting for and advising creditors of insolvent companies or businesses as well as directors of companies and sole traders who may themselves be facing insolvency.

How can we help you?

If you are a creditor of a company or a sole trader who has had a liquidator, administrator or trustee in bankruptcy appointed our insolvency lawyers can:

  • Represent you at creditors’ meetings;
  • Advise you on your rights and options available to you to recover money owed to you or claims you may have against the insolvent entity or person including any rights you may have pursuant to guarantees;
  • Advise and represent you in litigation issued by liquidators or trustees in bankruptcy under the Corporations Act or the Bankruptcy Act such as proceedings claiming a debt or an unfair preference claim.

If you are a director of a company or you are a sole trader who believes the business is insolvent our insolvency lawyers can:

  • Work with your accountant in presenting you with your options if in fact solvency is in question;
  • Refer you to and work with an insolvency practitioner to guide you to the most appropriate outcome for you whether it be administration, liquidation, bankruptcy or a Part X arrangement; (Part X also known as Part 10 of the Bankruptcy Act allows a debtor to enter into an arrangement with their creditors to meet their debts without being made bankrupt. This type of arrangement proposed to creditors is a personal insolvency agreement or PIA.
  • Advise you and represent you in litigation based on the Corporations Act in claims such as insolvent trading or breaches of director’s duties;
  • Advise you and represent you where director penalty notices are issued by the Australian Tax Office.

As a key legal expert within our Commercial & Disputes Division, Helen Mastos, Special Counsel, has over 25 years of experience with a passion for dispute resolution and can advise on a range of commercial issues including insolvency.

Helen’s extensive insolvency experience includes winding up and bankruptcy applications; appointment of receivers; winding up orders and termination of liquidation; applications to annul / terminate bankruptcies on behalf of the Inspector-General and application to obtain search warrants pursuant to section 130 of the Bankruptcy Act.

For tailored assistance and advice please contact Helen Mastos today via phone on +61 3 9822 8588 or you can email us here.

Our Insolvency Lawyers

Meghan Warren

Principal

Meghan Warren

Principal
LL.B GAICD B.Bus (FinPlan)
Meghan is one of the few lawyers in Australia admitted in the State (Victoria) and Federal jurisdictions of Australia, and as an Attorney at Law to the New York State Bar in the United States.

Kristy Muhlhan

Principal

Kristy Muhlhan

Principal
LL.B (Hons) GRAD DIP. L.P., GAICD.
Since 2014, she has been an owner and Principal of the firm and has mastered a broad range of essential commercial and business skills which go hand in hand with the work she does for...

Rosy Roberts

Principal

Rosy Roberts

Principal
LL.B (Hons) B.A GAICD
Rosy has extensive experience in Litigation & Alternative Dispute Resolution having represented clients in all Victorian State Courts and the High Court of Australia. She is also a VCAT appointed Administrator.

Elizabeth Ong

Special Counsel

Elizabeth Ong

Special Counsel
LL.B.(Hons) CLP GDLP
Elizabeth is committed to providing world class, comprehensive commercial solutions and corporate advice tailored to the best interests of her clients. She is fluent in written and verbal English, Mandarin, Cantonese, Hokkien and Malaysian languages.

Helen Mastos

Special Counsel

Helen Mastos

Special Counsel
LL.B, BA
Helen is a Special Counsel with over 25 years of experience in Commercial Litigation and Commercial Law.

Bianka Duzelovski

Lawyer
LL.M, LL.B BMS
Bianka has an extensive background both in private practice and as internal counsel for a number of high-profile building and commercial businesses so provides the perfect balance of legal skills to our Commercial, Disputes and...
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