SPL Services

Insolvency

Surry Partners acts for secured creditors, receivers, court appointed receivers, voluntary administrators, liquidators, directors, parent shareholders and creditors on all aspects of insolvency law, including investigations, claims and issues relating to:

  • Defending staying or terminating winding up applications
  • Issuing and setting aside creditor’s statutory demands
  • Voidable transactions
  • Director indemnity of Commissioner of Taxation
  • Breaches of director’s duties
  • Shadow directorship issues
  • Insolvent trading claims
  • Public examinations
  • ASIC investigations/ banning actions
  • PPSA issues/security enforcement
  • Voluntary administrations
  1. Advising on proof assessment
  2. Advising on report issues
  3. Advising at creditor’s meetings
  4. Drafting and formulating Deed of Company Arrangement (DOCA) proposals; and
  5. Drafting DOCAs.
  • Court actions challenging DOCAs
  • Advice on funding of claims
  • Sales of businesses/assets
  • Bankruptcy applications
  • Oppression suits

Experience

James Hamilton heads this practice section for Surry Partners. James has specialised in this area of law for 25 years and is a former partner of respected national and international legal practices.

Some examples of work done include:

  • Successfully negotiating with ASIC following an insolvency practitioner investigation.
  • Defending a director from a Commissioner of Taxation indemnity claim under section 588FGA.
  • Conducting public examinations for a secured creditor after obtaining ASIC leave.
  • Advising on an insolvent trading claim and the funding of the same.
  • Seeking court relief from a breach of the Corporations Act for a director.
  • Advising a liquidator on ROT claims and PPSA in a retail business liquidation.
  • Advising on the validity of a migrated transitional security under PPSA.

Contacts

James Hamilton
Peter English
Clement Lo