voluntary administrations

Our experience with VAs started in the GFC (2007-9), through Mark Wilson working for various founders, Directors and others caught up in corporate collapses such as ABC Learning, Allco Finance, Storm Financial, etc. Some roles were small, others were for key persons.

Over the 18 years since the GFC, our practice has deepened from acting for creditors, equityholders and key employees in such scenarios, to acting for the insolvency professionals, and sometimes acting to hold them to account.

Some sample matters are described below:

Bizpay Group (B2B Buy-Now-Pay-Later) administration

Napoleon Perdis administration

Removal of voluntary administrator appointed for an improper purpose:

In the matter of Condor Blanco Mines Ltd [2016] NSWSC 1196: https://www.caselaw.nsw.gov.au/decision/57c387b0e4b058596cb9ee9b

In the matter of Condor Blanco Mines Ltd (No. 2) [2016] NSWSC 1304: https://www.caselaw.nsw.gov.au/decision/57d8fc01e4b058596cb9f896

Deeds of company arrangement

We have experience in:

  • drafting DOCAs for deed proponents

  • reviewing DOCAs for priority and non-priority creditors;

  • assisting administrators with the convening of meetings to approve DOCAs and

  • making Court applications for compulsory transfers of equity to satisfy DOCA conditions;

  • assisting deed administrators to successfully implement / effectuate DOCAs.

Some sample Court matters we have managed involved DOCAs are described below.

Compulsory acquisition of shares of public company pursuant to DOCA

In the matter of Bizpay Group Limited [2024] NSWSC 1480:

https://www.caselaw.nsw.gov.au/decision/193479e53ddf541a1186fe0d

In the matter of Anatole G Kowaliw & Associates Pty Ltd (Subject to Deed of Company Arrangement) (In Liquidation)

 

RECEIVERSHIPS

Our recent experience includes acting for various receivers for the duration of their receiverships of companies, or for their appointors, in industries such as:

Property development

Retail

Industrial

Professional services

Financial services

We also act for appointing lenders, and for founders, Directors and owners when their companies are placed into receivership. For example, we assisted the founder of an Australian land developer to resolve arrangements with a US distressed debt lender owed US$50m, to compromise the debt claims of the US lender and to recover control of his company out of receivership.

TRUSTEE IN BANKRUPTCY

In December 2025, we assisted a trustee in bankruptcy to secure a discontinuance of proceedings launched by the bankrupt without the consent of the trustee.

LIQUIDATIONS

We act for lenders in winding up insolvent companies, we also act for debtor companies and founders and we assist liquidators with their appointments.

We have also successfully assisted a company to resist an application for winding up.

Some sample matters include:

In the matter of Rio Dorado Limited ACN 148 175 991; Rio Dorado Limited (ACN 148 175 991) v Featherstone Enterprises Pty Limited (ACN 137 298 018) [2023] NSWSC 621: https://www.caselaw.nsw.gov.au/decision/1889d9559338c63172bfad21

In the matter of Rio Dorado Limited ACN 148 175 991; Rio Dorado Limited (ACN 148 175 991) v Heather Jane Rutherford [2023] NSWSC 618 [2023] NSWSC 619: https://www.caselaw.nsw.gov.au/decision/1889d93ca4ea0eb14142ba4a

In the matter of Rio Dorado Limited ACN 148 175 991; Rio Dorado Limited (ACN 148 175 991) v 70:20:10 Forum Pty Ltd (ACN 158 131 938) [2023] NSWSC 619https://www.caselaw.nsw.gov.au/decision/1889d94a7b6f9d89890a30ac

In the matter of Rio Dorado Limited [2023] NSWSC 1398:https://www.caselaw.nsw.gov.au/decision/18bd713185b7fc8553814b61