Australia: Insolvency/Bankruptcy

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Insolvency law and bankruptcy law articles, thought leadership, podcasts, videos and webinars from expert sources across the legal world. Explore insights covering topics surrounding financial restructuring, insolvency and bankruptcy.
Video
Insights Into Maintaining Financial Control In The Property And Construction Sector. (Video)
Construction businesses can appear profitable while facing severe cash flow crises. Victor Zhou, a fractional CFO specializing in construction, reveals why cash shortages develop in building and development firms, how to spot warning signs before it's too late, and why securing additional funding often masks deeper structural problems that continue draining resources.
Australia Finance
CP
Cathro & Partners
Article
Clawback Risks In Bankruptcy Explained
Bankruptcy trustees can challenge pre-bankruptcy transactions under sections 120, 121, and 122 of the Bankruptcy Act 1966, targeting undervalued transfers, creditor-defeating arrangements, and preferential payments. Understanding the statutory tests, timing rules, and evidentiary requirements is essential for recipients facing clawback demands, as market value alone does not guarantee protection and poor documentation can prove decisive.
Australia Insolvency
SL
Stonegate Legal
Podcast
Insights Into The State Of Commercial Property Market (Podcast)
Chris Bergin from Cathro & Partners speaks with Julian Heatherich, Director of Commercial Sales at Savills, about Victoria's commercial property market challenges and opportunities. With over 25 years of real estate experience, Julian examines how rising construction costs, tighter funding conditions, and reduced transaction volumes are reshaping the landscape for developers, investors, and lenders.
Australia Real Estate
CP
Cathro & Partners
Video
Are My Assets That Are Held In A Specific Holding Company Protected From Creditors? (Video)
Senior associate Alfred Jackson examines whether assets held in a specific asset holding company are truly protected from creditors, focusing on the critical role of PPS leases. If a lessor fails to register their security interest properly, leased assets can vest in the lessee's trustee or administrator during insolvency, leaving the lessor as an unsecured creditor attempting to reclaim their own property.
Australia Insolvency
CG
Cooper Grace Ward
Article
Director Duties In A Restructuring: Lessons From The LJ Hooker Dispute
A recent NSW Supreme Court decision involving the LJ Hooker group examines how courts assess directors' decisions during corporate restructuring, particularly when those decisions may benefit some stakeholders over others. The case provides critical guidance on the proper purpose test, the role of insolvency risk in decision-making, and when directors can pursue personal interests without breaching their duties.
Australia Commercial
BP
Bartier Perry
Article
New ASIC Report Shows Voluntary Administration And DOCAs Remain Important Restructuring Tools
The Australian Securities and Investments Commission has released its first comprehensive review of voluntary administration and deed of company arrangement outcomes, analyzing over 5,000 companies from 2021 to 2025. The report reveals critical insights into when these restructuring processes are most effective, showing that larger companies with liabilities exceeding $10 million have significantly higher success rates, while smaller companies may benefit from alternative insolvency pathways.
Australia Insolvency
HR
Holding Redlich
Article
Asset Protection And Bankruptcy In Australia
Australian bankruptcy law grants trustees powerful tools to investigate and reverse asset transfers made before bankruptcy. Understanding the distinction between legitimate long-term planning and transactions designed to defeat creditors is critical, as the timing, consideration, relationships, and statutory provisions governing recovery can determine whether pre-bankruptcy arrangements will withstand scrutiny under the Bankruptcy Act 1966.
Australia Insolvency
SL
Stonegate Legal
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