Restructuring & Insolvency

Restructuring & Insolvency - Australia

Clients tell us that KWM’s insolvency lawyers understand their business in a way unlike other law firms. Our ability to meet their business needs through our full service strength in Australia, backed by our international reach have enabled us to be the commercial counsel on high profile and complex deals. Our ability to work collaboratively, operating with our international counter-parts has given us an extra edge in providing a seamless service to clients in real time, in today’s global business world.

Equipped with a team of high performing and dynamic practitioners we are known for our ability to navigate multi-faceted and fast moving distressed situations, with our energetic and experienced team advising on:

Restructuring and Distressed Investment

Today’s restructuring and distressed investment environment is complex, fast moving and dynamic. For clients facing into these situations there is no ‘one method’. Clients seek us out to develop solutions and implement them using flexible and creative methods.

To support our clients through these situations, our team has access to KWM’s specialist expertise and cross-jurisdictional reach to provide innovative solutions to complex distressed investment situations.

Insolvency Advice

We have a thorough understanding of the specific drivers and objectives that govern insolvency procedures. Our deep experience and expertise allows us to be creative in using insolvency procedures to achieve strategic outcomes for our clients.

We regularly act for creditors, insolvency practitioners, Government and many different types of stakeholders in major insolvency situations.

Insolvency Litigation

Complementing our restructuring and distressed investment practice, we continue to act in the most contentious corporate insolvency and administration situations in the market. Such matters frequently involve multifaceted litigation; complex issues requiring innovative solutions; and are conducted under the public and media microscope.

Our contentious insolvency practice is driven by outcomes – not procedures. Our insolvency litigation practitioners are known leaders in the field and are acknowledged for running novel arguments and developing innovative solutions to achieve the best results for clients.

Key matters include:

  • Akron Roads – advising the liquidators on the High Court proceedings
  • Arrium Group – advising the lenders on the administration and asset realisation process
  • Ausenco – advising Resource Capital Funds on its debt acquisition and takeover
  • Basslink restructuring – advising the secured lenders on the ongoing restructuring
  • Emeco/Orionstone merger – advising Orionstone on the restructuring completed by scheme of arrangement
  • Masters – advising Woolworths on its wind down of the Masters hardware chain
  • McAleese administration – advising the administrators on the recapitalisation
  • Paladin Energy Limited restructuring – advising the ASX-listed company on its ongoing restructuring
  • Peabody – advising Pembroke which acquired Australian coal assets
  • Quickflix – advising Karma Media Holdings which acquired the business out of administration
  • Queensland Nickel - advising the Department of Employment with respect to $74m of entitlements owed to hundreds of workers following the collapse of Queensland Nickel.
  • Slater & Gordon – advising Westpac as transactional lender.
"A full service restructuring & insolvency offering that sits hand-in-glove with our pre-eminent full service offerings including Tier 1 practices in Banking & Finance, Dispute Resolution, Mergers & Acquisitions, Private Equity and Real Estate practices."

Discover our latest insights into legal issues affecting your business

The Hamersley v Forge case confirms that in a liquidation a security interest created under the PPSA will render worthless any set-off rights that account debtors may have had against the transferor.

27 June 2017

The Turnbull Government's proposed reforms introduce a two-layered adjustment to the restructuring landscape through safe harbour reform and the ipso facto stay.

02 May 2017

The High Court this afternoon unanimously dismissed Clive Palmer and Ian Ferguson's challenge to the constitutional validity of section 596A of the Corporations Act.

10 November 2016

The Australian Government's proposed reforms aim to shift the face of Australia's corporate insolvency laws towards restructuring over a formal insolvency process.

02 June 2016