Insolvency & Restructuring

Our expert Insolvency Team includes 4 Accredited Specialists in Commercial Litigation, making us one of the most recognised teams in New South Wales.

You amazed us with your energy and knowledge, you are a champion.

“I would like to thank you and your team for assisting myself and Andrew with the restructure.

After working with others it is refreshing to have you on our side. Thanks also from all our staff for assisting in securing their future.”

Paul Barwick
MCA Engineering

They are leagues ahead of any other law firm I have used in the past.

“Sam and the team at Roberts Crosbie Mortensen Lawyers assisted me with a very complex business case. Their attention to detail and professional prompt response to every item raised was a real stand out. The team keep you fully informed at all times in simple to understand language highlighting pros and cons of every decision that needs to be made. Finally I have found a law firm who me and my family will be using for many years to come. I would highly recommend Roberts Crosbie Mortensen Lawyers to anyone who needs a good legal team and are worth every dollar.”

Paul Convey

No nonsense commercial approach to getting the right result.

Bradd Morelli
Jirsch Sutherland & Co

I found the service and constant updates to be very personal.

“Sam and his team understood that during our tough time we needed full finger on the pulse service and they delivered every time. Since then we have used them on more than on occasion and can only commend them on their fast and friendly service.”

Andrew (Sid) Sinclair
Sid's Automotive & Offroad

I was absolutely satisfied with the level of service and communication.

“I was referred to Sam Roberts for advice due to the dire financial situation my wife and I found ourselves in as a result of the failure of our business and pressure from our Franchisor. I was very happy with the advice regarding insolvency issues for my company and options for my wife and I in relation to bankruptcy and alternatives. Sam was very professional and his advice was practical, clear and easy to understand.”

Insolvency & Restructuring Services

Our experienced Insolvency & Restructuring Lawyers have particular expertise advising and assisting Companies, Company Directors, Creditors and Liquidators in relation to corporate insolvency issues, administrations, investigations and recoveries.

We also assist individuals (including Company Directors) and their families who are facing personal insolvency because of a failed business or company to negotiate with creditors, explore alternatives to bankruptcy and protect family assets.

Finally, our services include acting for creditors and secured creditors to maintain and enforce their securities and apply for the winding up of companies or bankruptcy of individuals.

How We Help

When company directors or individuals suspect insolvency and proactively seek legal assistance there is greater scope for us to explore and pursue claims relating to circumstances that may have ultimately led to their insolvency; and/or to develop and implement restructuring plans that lead to a better outcome for all involved than liquidation or bankruptcy.

Most company directors and individuals are, however, reactive and only seek for assistance in when creditors are looming, and they are receiving letters of demand, Statements of Claim or Director Penalty Notices.

Whilst we appreciate working with clients who are proactive, our Lawyers love solving complex legal problems and assisting clients to rapidly evaluate and develop innovative restructuring plans to take control of their financial positions in the face of immense external pressures.

Free Case Evaluation

Our expertise and innovative approach to restructuring has helped us deliver results that many insolvency practitioners did not think possible.

We regularly advice clients and their families in relation to Insolvency & Restructuring issues including:
  • Corporate Insolvency
  • Safe Harbour & Restructuring Plans
  • Small Business Restructuring Plans
  • Statutory Demands & Winding Up
  • Voluntary Administration
  • Deeds of Company Arrangement
  • Liquidation
  • Investigations & Recoveries
  • Personal Insolvency
  • Negotiations with Creditors
  • Debt Restructuring
  • Temporary Debt Protection
  • Debt Agreements
  • Personal Insolvency Agreements
  • Bankruptcy Notices & Creditor’s Petitions
  • Bankruptcy

Safe Harbour Guide

What Company Directors who suspect insolvency should do to avoid personal liability for Insolvent Trading.

Frequently Asked Questions

What is a Free Case Evaluation?

A Free Case Evaluation is a 15-minute free phone call with an experienced Solicitor that is best matched to your type of enquiry. In this call it will be identified how we can help you and next steps required to progress your matter. This is an obligation free, complimentary phone call.

How do I book a Free Case Evaluation?

You can call us on 1300 553 343 or complete a Free Case Evaluation request form.

What happens after the Free Case Evaluation?

At the end of the Free Case Evaluation your Solicitor will advise in writing what is required in order for us to start work on your matter. This will generally include signing a Legal Services Agreement, depositing money into our Trust Account, providing documentation for review by the Solicitor, or perhaps scheduling a face to face or zoom appointment.

We will strive to ensure that right from the start and throughout the duration of your matter you will be kept aware of:

  • The actions we will take on your behalf,
  • The steps you need to take,
  • Any information you need to supply to us,
  • The timing involved and when delays may occur, and
  • A clear indication of the costs.
What is a Trust Account?

A Trust Account is a bank account in which we hold money on your behalf, usually as a deposit for the payment of future Invoices.  We are not permitted to use this money unless certain conditions are met.  Most law firms use a Trust Account to assist to manage the payment of legal costs.

When will I be asked to deposit money into your Trust Account?
  1. At the beginning of your matter,
  2. At intervals throughout your matter once the amount you have deposited into our Trust Account has already been used to pay Invoices and is not enough to cover the next stage of work, and
  3. For specific purposes, such as for payment to your former partner under Court orders or an agreement, or expenses we will need to pay on your behalf.
Why do you request that money be deposited into your Trust Account? 

We request that you deposit money into our Trust Account so that we can be certain that we will be paid for the work you have instructed us to do and/or so that we are not out-of-pocket for the expenses we pay to others on your behalf (e.g. Search fees, valuation fees, stamp duty, barristers’ fees).

What happens to the money in Trust when my matter is complete?

Money held in our Trust Account is held on your behalf. Subject to any lien we hold over the money to secure payment of our fees, money held in our Trust Account will be paid at your direction at any time. Upon completion of your matter and payment of our fees, money held in our Trust Account will, therefore, be paid to you or as you direct.

Do I need to pay money in advance?

In most cases, yes. We typically require that you have both signed the Legal Services Agreement with us and deposited the requested funds into our Trust Account before commencing work on your behalf.

The amount of money required to be paid in advance will be based on our estimate of costs work initially to be undertaken. This will be discussed with your Solicitor during your free case evaluation and confirmed in an Engagement Letter.

Who will be my lawyer?

A lot of factors are considered when pairing your enquiry with one of our Solicitors, however put simply, the Solicitor allocated to your matter will be one with the appropriate knowledge and skill to best assist you.

When do I pay into the Office Account and when do I pay into the Trust Account?

You will only need to pay money into the Office Account if you have an Invoice due where the amount is greater than the funds we have held for you in Trust.

How will my lawyer communicate with me?

All communication with our lawyers will be over the phone and email. Important correspondence will be contained in letters as PDF attachments to emails. This includes invoices. It is essential that you take the time to read all correspondence received by your lawyer and contact your legal team should you have any questions, require clarification, or need further information in order to understand.