Service

Restructuring and Insolvency

Our team has performed key roles on the most complex and high-profile domestic and cross-border restructuring and insolvency mandates in Australia in recent years.

How we can help

We advise a diverse range of clients, including corporations, financial institutions, private capital providers, distressed debt and asset investors and government on all aspects of domestic and cross-border corporate restructuring. We help clients navigate safe harbour mandates and counterparty distress to achieve optimum outcomes. As insolvency, turnaround and Personal Property Securities law experts, our team acts for clients in major formal appointment mandates (schemes of arrangement, voluntary administrations, liquidations, receiverships).

We work closely with our corporate advisory, banking and disputes teams and with our counterparts in leading independent firms on cross-border mandates, to provide comprehensive, market-leading support. We are known for our pragmatic, commercial and partner-led approach, consistently delivering exceptional results for our clients on award-winning major matters.

Our dynamic and experienced lawyers ensure that solutions are tailored to meet our client's specific requirements. By leveraging our multidisciplinary expertise and cross-border network, we provide clients with best-in-class strategic advice, helping clients to achieve the best possible results.

Services

We provide clients with an exceptional edge in any domestic or cross-border restructuring, distressed investment transaction, corporate distress situation or formal insolvency proceedings. We tailor market-leading solutions and ensure effective outcomes for debtor corporations, financial, corporate creditors and sponsors.

Cross-border insolvency mandates

We manage intricate cross-border insolvency issues, coordinating across jurisdictions to resolve complex global financial challenges efficiently.

Restructuring

We advise on corporate restructuring, developing and implementing strategies to stabilise financial performance and rehabilitate underperforming businesses.

Distressed investing

We advise on transactions for acquiring or selling assets, shares, businesses or debt where the seller or company faces financial distress or restructuring.

Formal insolvency appointments

We act in high-profile formal insolvency proceedings, including schemes of arrangement, voluntary administration, receivership and liquidation.

Technical insolvency and securities advice

We advise on complex insolvency and PPS law, including perfection and rectification of security interests, providing strategic in-court representation.

Restructuring and Insolvency experience

Receivers and Managers of Tritium

On the receivership, including the ongoing trading of the global business across several jurisdictions, receivership funding and the strategy and implementation of global enforcement and realisation.

Toys R Us

For the administrators and then liquidators (McGrathNicol) of the Australian subsidiary and interaction with a parallel US Chapter 11 Bankruptcy process for the US business.

We Work

As local Australian counsel to We Work in relation to its US Chapter 11 Bankruptcy process and the management of its Australian operations during the process.

Credit Suisse Asset Management

On its ~$2 billion exposure to the Greensill group of companies including in relation to its security over certain GFG entities in Australia.

BIG Village

On its voluntary administration, in relation to all aspects of the administration including the sale of the business and interaction with a parallel US Chapter 11 Bankruptcy process for the US business.

Schramm II Inc

On the Australian administration and US secured creditor enforcement.

Virgin Australia

For the administrators on the Australian administration, successful sale and restructure via a DOCA, Creditors Trust and US Chapter 15 recognition application.

Speedcast International

For a significant contractual counterparty, buy-side on an Australian distressed M&A transaction and US Chapter 11 proceedings.

Lehman Brothers Australia

For the administrators on the Australian administration, liquidation, scheme of arrangement and US Chapter 11, UK administration and global insolvency proceedings.

Digital Surge

For the under bidder on the sale and recapitalisation process conducted by the voluntary administrators of Digital Surge which had ~$65 million of assets under management.

Quintis

For the receivers and managers of the Quintis group of companies in relation to a debt for equity recapitalisation via a creditors’ scheme of arrangement and deed of company arrangement (with Chapter 15 recognition in the US) and restructure of US bond debt.

Mahercorp restructuring

For Cor Cordis as administrators and deed administrators for Mahercorp and the successful restructure of the group and its business via a deed of company arrangement.

APA Group

On its $773 million acquisition of Basslink, including complex restructuring and acquiring 100% of secured bank debt valued at approximately $526 million.

Kwinana restructuring Scheme of Arrangement

For Acciona on its acquisition of the debt and equity of the Kwinana Waste-to-Energy project by way of a solvent creditors’ scheme of arrangement.

Restructuring of Wittner Group

For Hilco to acquire Wittner Group’s secured debt, followed by finance and corporate restructuring, including a newco, equity, debt facilities and new corporate governance arrangements.

A leading Australian wine group

On restructuring its financial indebtedness.

Bluewaters

For the senior lender syndicate in relation to certain secured facilities made available to Bluewaters in connection with the coal fired power station owned and operated by Bluewaters.

Hilco

For Hilco to acquire Wittner Group’s secured debt, followed by finance and corporate restructuring, including a newco, equity, debt facilities and new corporate governance arrangements.

Mugga Lane

For the secured lender on its acquisition of the $27 million secured debt of the Mugga Lane Solar Park and for the receivers subsequently appointed in relation to all aspects of the receivership, including the sale of the project.

PAG

On purchase of a bank's debt for a large property development in North Sydney, including strategy, negotiation, and implementation of debt transfer documents for transferring the bank's facilities and securities.

Deutsche Bank

On successful bid and purchase of a $240 million distressed loan portfolio.

Hong Kong based fund

On its purchase of secured a bank's debt in respect of a large property development.

Genesis Capital

On its acquisition of the national Totally Smiles dental practices business and assets from the voluntary administrators of Totally Smiles.

Administrators of Panoramic Resources group

For FTI Consulting as administrators of ASX-listed Panoramic Resources and its subsidiaries, in relation to all aspects of the administration and operations at the company’s nickel mine project.

Big Village Australia

On its voluntary administration, in relation to all aspects of the administration including the sale of the business and interaction with a parallel US Chapter 11 Bankruptcy process for the US business.

Deloitte as administrators of IG Power Callide

On a complex, contentious administration, involving a power station rebuild, recovering funds from an insurance claim, a sale and restructuring proposal process and defending litigation.

Administrators of Roofoods

In relation to the voluntary administration of its Australian subsidiary, Deliveroo Australia and exit from the Australian market.

Administrators of Schramm II Inc

For FTI Consulting on the administration of the Australian operations, including a sale of business to Epiroc and a deed of company arrangement.

BWX administration

For FTI Consulting on the voluntary administration of BWX and subsidiaries in relation to all aspects of the administration including administration funding and structuring options for the administration.

Jenny Craig Weight Loss Centres (Aus & NZ)

For FTI Consulting as administrators of Jenny Craig Weight Loss Centres and its New Zealand subsidiary, a global weight loss brand with a 40-year history on its administration and asset sale.

Administrators and liquidators of Bardot

Administrators and liquidators of Bardot in relation to all aspects of the insolvency including the sale of certain assets and business by the liquidators.

Autodom’s receivers and managers

On all receivership aspects, including funding, trading operations, wind-down, and a dispute with the Department of Employment over Fair Entitlement Guarantee issues.

Administrators and liquidators of Acquire Learning Group

For Cor Cordis as administrators, deed administrators, and liquidators, negotiating a complex deed of company arrangement and creditors’ trust structure with the company’s former directors.

TH Properties

On the receivership of a large property portfolio, negotiations for a complex settlement of disputes with the JV partner, secured debt refinance and exit from joint venture arrangements and the property portfolio.

New Hope Group

In Supreme Court proceedings against Wiggins Island Coal Export Terminal, disputing claims of over $155 million in guaranteed debt for two subsidiaries.

Various financial Institutions

Anchorage Capital, CBA, Davison Kempner, and Deutsche Bank in Supreme Court proceedings against former Arrium Group directors and officers for alleged negligence and negligent misstatement.

Vocation

In a complex, multi-party class action alleging misleading or deceptive statements and breach of disclosure requirements, negatively impacting shareholders.

The Australian Government

In the external administration of Spitfire Corporation and its subsidiaries, a start-up online wealth management technology business.

Awards