Insolvency presents a crisis, but it can also provide opportunities. Good advice will often focus on rescue, recovery and restructuring; and will develop strategies that achieve a return to liquidity. Vertical Tabs OverviewKeypoint’s lawyers are recognised experts in restructuring and insolvency, and in insolvency litigation. They combine strong technical skills with a real understanding of the dynamics in play in insolvency situations. Whatever the challenges being faced or the nature of the transaction you’re involved in, Keypoint’s lawyers can give you the practical and considered advice you need to make the right decisions. Our restructuring and insolvency practice spans bankruptcy, creditor claims, cross-border insolvency, directors’ duties, sales and purchases of distressed assets, liquidation, receivership and administration together with all forms of bankruptcy and insolvency litigation. This breadth of practice enables Keypoint’s lawyers to swiftly identify the opportunities and threats in a situation, before counselling you on how to resolve the issues speedily, effectively and safely. We provide services to insolvency practitioners, private individuals and companies ranging from SMEs to listed corporations, together with those persons seeking to acquire distressed assets. Keypoint Law’s experts provide a full range of advice on restructuring and insolvency, including: Administration Bankruptcy and insolvency litigation Corporate restructures and re-financing Creditors’ rights Deeds of company arrangement and creditors’ trusts Directors’ duties International bankruptcy and insolvency cases and cross border recognition proceedings Landlords’ rights Liquidations Personal bankruptcy Receivership Sale and purchase of distressed assets Secured and unsecured debt recovery Statutory demands and winding up petitions For further information, please email enquiries@keypointlaw.com.au or telephone (02) 8035 5200 or (03) 8199 3300 to speak with one of our lawyers. Lawyers Australia View full profile Send email Mark has 30 years’ experience in the areas of insolvency, commercial disputes and litigation. He has acted for many of Australia’s largest organisations, including listed companies, banks, large private companies, and government bodies both at the State and Commonwealth level. Mark has also represented a wide variety of Australia’s insolvency practitioners in corporate and bankruptcy insolvency matters. Prior to joining Keypoint, Mark was a senior partner at DibbsBarker. Mark Addison View full profile Send email Vaughan is an experienced lawyer focusing on insolvency, corporate restructures and commercial litigation. He has acted for companies, lenders and banks in a broad range of litigious matters and is the trusted adviser of many of Melbourne’s leading insolvency practitioners. Prior to joining Keypoint, Vaughan was a partner in a boutique Melbourne law firm, and before that, senior associate at Mills Oakley. Separate to insolvency and commercial litigation, Vaughan has expertise in defamation law. Vaughan Hager View full profile Send email Wendy has more than 25 years’ experience specialising in restructuring and insolvency. She works with insolvency practitioners, directors and companies dealing with actual and potential financial stress in a broad range of industries. She has particular expertise in retail, building and construction, insurance and financial services. Prior to joining Keypoint, Wendy was a partner at DibbsBarker. Wendy Jacobs View full profile Send email Penny has over 25 years’ experience in insolvency law and commercial dispute resolution, including as partner of leading law firms, and as General Counsel of a Victorian Government Department. Penny acts for a diverse range of clients, from large multi-nationals to family owned businesses. Her approach is to work collaboratively with clients and other members of the legal profession, wherever possible, to achieve creative and cost effective solutions to legal d Penny Pengilley View full profile Send email Michael is a commercial litigator and insolvency lawyer who has joined Keypoint from Kemp Strang Lawyers, where he was a partner for 8 years. Michael is an accredited specialist in commercial litigation and his expertise in insolvency law was recognised by his recent inclusion in Best Lawyers in Australia 2017 for Insolvency and Reorganisation Law. Michael Rozdal View full profile Send email Luma has 17 years’ broad-based commercial litigation experience. Before joining Keypoint, Luma was Principal of her own legal practice LS Law, and prior to that, was a partner at leading commercial law firm Pigott Stinson, where she practised for over 13 years. Luma represents both plaintiffs and defendants across a range of complex litigious matters. Her clients include banks and financial institutions, insurance companies, liquidators, large corporations and licensed clubs, small businesses and individuals and she has a track record of achieving outstanding results for her clients. Luma Sherif View full profile Send email Mark is an accomplished insolvency and commercial litigation lawyer, with extensive experience acting in liquidations, voluntary administrations, deeds of company arrangement and personal bankruptcy matters, both for insolvency practitioners and individuals alike. Mark has held a number of senior legal positions, including Executive Lawyer (partner) at Bartier Perry and Special Counsel at Mills Oakley. Mark Tierney KeynotesCountryAustralia You got a licence to do that? Administrators, receivers and trustees in bankruptcy are appointed over businesses every day of the week. Many of those businesses hold a licence of one kind or another. Does such an appointment affect the operation of the licence? If so, does the appointee actually have any business to operate or sell at all once appointed? Posted on: 4 Dec 2018 Debt collectors beware: idle threats will hurt you Those engaged in the business of debt collecting need to be extra careful when making threats to debtors about commencing legal proceedings or the possible effect on their credit ratings. A recent decision of the Federal Court of Australia highlights some extraordinary conduct by a large debt collecting company that contravened the Australian Consumer Law (ACL). Once again, it stands as a salutary lesson to those in business who make empty threats to consumers in order to recover their debts. Posted on: 6 Aug 2018 Using safe harbours and collaborative law to resolve shareholder disputes and save the company! In September 2017, ‘safe harbour’ reforms to insolvency law were introduced to encourage directors to engage in a course of action early that is reasonably likely to achieve better outcomes for companies than immediate administration or liquidation. However, the existence of a safe harbour may not be enough if shareholders are locked into an intractable dispute. Posted on: 6 Jun 2018 New case on liquidators' remuneration Keypoint Law Successful in Remuneration Application Keypoint Law’s Michael Rozdal acted for Ferrier Hodgson in a recent application to the Supreme Court for the approval of the remuneration of John Melluish and Morgan Kelly, and their staff at Ferrier Hodgson, for work performed during the liquidation of two companies. Posted on: 7 Nov 2016 UNCITRAL Model Law on Cross-Border Insolvency does not necessarily defeat maritime lien or quasi-lien claims For centuries, international maritime law developed its own security regimes. Potential conflict arises where the UNCITRAL Model Law on Cross-Border Insolvency (the Model Law) does not recognise or take account of international maritime law and the operation of Australian and British Admiralty legislation. Posted on: 17 Nov 2015
