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Reconstruction & Insolvency

 
“In times of domestic and international financial uncertainty and increasingly complex business, financial and legal arrangements, more than ever corporations and individuals need to be able to turn to a firm with an impressive track record in reconstruction and insolvency.

Cornwall Stodart is such a firm. It has a unique pedigree in the insolvency industry. Few firms in Australia can boast a history as long and as extensive as Cornwall Stodart’s in this area.”
 
Paul Buitendag, Partner and Head of Reconstruction & Insolvency

 

Services and Expertise

Our Reconstruction & Insolvency team is multidisciplinary; it comprises corporate, litigation, workplace relations and property lawyers. As a team whose practitioners operate in every area of business and commercial life, it is uniquely placed to predict and, where necessary, react to a variety of situations - from major financial collapses to carefully planned workouts. Where fast action is required, our team has the resources and expertise to take charge and manage the situation.

 

We advise clients on multi jurisdictional insolvencies. We are well versed in the US, UK, European and Asian insolvency regimes, and have in depth experience in the application of cross border insolvency regimes; for example, we have implemented cross border insolvency provisions internationally (including in countries throughout Europe) for the purpose of seizing funds on behalf of liquidators.

 

We guide clients through enforcement action taken by ASIC or other regulators, including regulatory examinations and court action. We also have practical experience in dealing with referrals to company auditors and the Liquidators' Disciplinary Board.

 

In 2011 members of our team became responsible for reviewing and updating the Lexis Nexis Australian Corporation Law Principles & Practice (External Administration) loose-leaf volume on a quarterly basis.

Areas of Legal Expertise

We provide our clients - including banks, finance companies, hedge funds, distressed debt investors, statutory authorities, insolvency practitioners and private clients - with advice in all aspects of reconstruction and insolvency, including:

  • voluntary administrations
  • receiverships
  • liquidations
  • reconstructions and workouts
  • creditors rights and obligations
  • rights and obligations of trustees in bankruptcy.

Team Strength

Our Reconstruction & Insolvency team comprises over 20 lawyers, including the practice group leaders of the Commercial Litigation, Corporate & Commercial, Employment & Industrial Relations, Commercial Property and Banking & Finance teams. Many members of the team have over 20 years' experience in the industry.

Experience

Members of our team have been, over a lengthy period, involved in most of Australia's high profile insolvencies; we have acted for and advised:

  • overseas shareholders in the International Harvester's scheme of arrangement
  • the liquidator of the McKay Group
  • a director and various debtors of the Pyramid Group
  • the liquidator of the National Safety Council
  • the administrators of Ansett
  • creditors of HIH and FAI
  • creditors of One Tel
  • creditors of Opus Prime
  • creditors of Southern and Timber Corp
  • creditors of PPB Advisory
  • the administrators in APCHL (a group of 17 retirement villages).

RELATED INFO

OUR PEOPLE

  • John Hutchings
    Chairman of Partners
  • Paul Buitendag
    Partner
  • Wayne Kelcey
    Partner
  • Adrian Lasky
    Partner
  • Gino Potenza
    Partner
  • Graeme Scott
    Partner
  • Peter Macnish
    Special Counsel
  • Justin McCleave
    Senior Associate
  • Katherine Payne
    Senior Associate
  • Garry Eather
    Lawyer
 

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