Restructuring and insolvency

Cooper Grace Ward’s insolvency lawyers have the experience and expertise to provide innovative, commercial and cost-effective solutions in restructuring and insolvency situations.

We have an exceptional record in representing directors and business owners, secured and unsecured creditors, insolvency practitioners, shareholders and other stakeholders in all aspects of restructuring and insolvency.

As a full-service independent commercial firm, our industry leading offerings in restructuring and insolvency law, dispute resolution and litigation, corporate and commercial law, banking and financial services, workplace relations, and tax and revenue ensure we achieve superior commercial outcomes for our clients.

Our expert team are agile and effective problem solvers with the ability to provide a range of options quickly to secure the best outcomes for clients.

For advice on any aspect of restructuring or insolvency including litigation please call (07) 3231 2444 or contact one of our experts directly.

The Cooper Grace Ward insolvency team delivers market leading legal services to companies, directors and business owners facing the complexities of financial distress. Our team regularly assists  clients to navigate the legal complexities of corporate restructuring and turnaround. We assist our clients with:

  • pending and actual court claims, statutory demands and director penalty notices (DPNs)
  • safe harbour and directors’ duties advice
  • restructuring strategies, advice and advocacy
  • regulatory investigations and claims
  • undertaking restructuring including through the voluntary administration process.

Our insolvency expertise integrates with our market leading M&A, corporate advisory and property capabilities, allowing us to assemble multidisciplinary teams to represent boards, shareholders and equity interests throughout the entire lifecycle of a restructure or turnaround. Whether it’s navigating complex legal frameworks or negotiating with stakeholders, our team is dedicated to achieving the best possible outcomes for our clients.

We are committed to helping our clients secure payments and retain them effectively. By staying vigilant to the opportunities that arise throughout the insolvency lifecycle, we provide invaluable advice to unsecured creditors during voluntary administration and liquidation processes. Our expertise has enabled trade creditors to recover property and secure payments from administrators, often in priority over other unsecured creditors.

Navigating the complexities of the insolvency process requires expert guidance to avoid missteps and ensure that receivers and liquidators are held accountable. Our team possesses deep experience in insolvency claims and litigation, with a proven history of successfully defending against liquidator and receiver claims, particularly in cases involving unfair preference and other voidable transactions. By partnering with us, unsecured creditors can confidently navigate the intricacies of insolvency, safeguarding their interests and achieving favourable outcomes.

The Cooper Grace Ward team brings a wealth of experience in mortgage and security enforcement. Our insolvency team is adept at managing all aspects of enforcement actions and insolvency matters, ensuring our clients receive expert insights and comprehensive support. We routinely conduct security reviews, devise enforcement plans, issue notices and enforce securities, including appointing and acting for receivers. Our expertise extends to representing secured creditors and their receivers, focusing on sale duties, priorities and implementing loan-to-own strategies.

Additionally, our team frequently represents clients in insolvent asset acquisitions, with a particular emphasis on transactions within the mining services, energy, agriculture, and building and construction industries. Our extensive experience in these sectors enables us to navigate complex transactions effectively, ensuring our clients’ interests are protected and optimised throughout the process.

Our insolvency experts provide comprehensive advice and representation for clients across all forms of corporate insolvency, including voluntary administration, and voluntary and court based liquidations. We guide clients on their rights and strategic actions to safeguard their interests throughout the insolvency process. Additionally, we frequently represent administrators, receivers and liquidators in insolvency proceedings.

Our expert understanding of the formal and administrative processes in insolvency allows us to assist clients with remuneration claims, proofs of debt, secured rights, meeting procedures, extension applications, and insolvency investigations and actions. We also advise on complex trade-on appointments and efficient asset transactions, as well as obtaining remuneration approvals and defending related claims.

The Cooper Grace Ward team handles court proceedings for creditors and insolvency practitioners. We possess the expertise to manage all types of insolvency applications and investigations including public examination proceedings, urgent injunctive remedies relating to securities, and defending or contesting insolvency appointments.

One area where Cooper Grace Ward’s team particularly excels is in matters where litigation is necessary to resolve insolvency disputes. Our reputation for excellence as litigators is well-established, with a proven track record of achieving successful outcomes in complex and fiercely contested insolvency cases.

Our litigators have successfully represented clients in voidable transaction proceedings, public examinations, and liquidator actions to recover property and money. Our expertise ensures that we can effectively navigate the complexities of insolvency litigation, providing robust representation for our clients.

We have experience in litigation dealing with:

  • contested statutory demand and winding-up applications
  • insolvency applications for appointees and creditors
  • personal property securities enforcement and disputes
  • public examinations for insolvency practitioners, directors and other participants
  • insolvent trading and preference litigation
  • secured creditor enforcement
  • liquidator recovery actions
  • breach of director duties claims
  • bankruptcy matters
  • creditor priority disputes
  • regulatory investigations.

Key contacts

Rocco-Russo
Rocco Russo
Partner
Miranda-Klibbe-web
Miranda Klibbe
Partner
Graham-Roberts
Graham Roberts
Consultant
Andrew Vella
Andrew Vella
Special Counsel
Ben-Williams-web
Ben Williams
Special Counsel
Bridget-Camilleri-web
Bridget Camilleri
Special Counsel

Publications

Financial services business successfully defends unfair contract claim

The recent Supreme Court of Queensland decision of DCZ Early Learning Pty Ltd v Semper Mortgage Management Pty Ltd, provides a useful illustration of the risks that businesses face as a result of the unfair contract term regime and the things that businesses must prove to successfully defend a claim.

CGW ranked Leading Insolvency & Restructuring Law Firms and Lawyers in Doyles Guide for 2024

This achievement is a testament to the dedication and expertise of our entire litigation and dispute resolution team, who have continued to provide outstanding service to clients throughout FY24.

CGW Recognised Amongst Best Law Firms in Australia – 2025 Edition

Cooper Grace Ward has secured top regional rankings in an impressive 20 practice areas in the inaugural edition of Best Lawyers Best Law Firms for 2025.