Lavan’s Recovery, Reconstruction and Insolvency team acts for lenders, insolvency practitioners, directors, shareholders and creditors in the reconstruction of insolvency regime for corporations, corporate groups and individuals.
Partner Joseph Abberton leads the team with managing partner Dean Hely, together they have more than 45 years’ combined experience.
The team has worked on some of Western Australia’s most challenging and complex reconstruction and insolvency deals. They have an in-depth, detailed and current knowledge of the market as well as the law.
As reconstruction and insolvency issues usually extend into other areas of law, our multi-disciplinary team comprises experienced corporate, commercial, banking and finance lawyers as well as litigators with specialist knowledge of reconstruction and insolvency.
As soon as an appointment to a company is made, we will formulate an appropriate strategy for the most efficient administration of the company. Our first priority is to customise a senior team to fully assess the case and respond rapidly. The breadth of expertise within our team creates immediate capacity to handle large and complex matters quickly. We can mobilise an experienced team on short notice.
Lavan acts for administrators, liquidators, provisional liquidators, receivers (privately and court appointed) and lenders (in the context of insolvent borrowers). Our team will negotiate with all stakeholders prior to and during the early stages of administration. We will advise appointees in relation to their statutory obligations and the statutory recovery actions available to them including insolvent trading, unfair preferences and voidable transactions and, where necessary, we will advise on avenues to litigate.
We negotiate and document Deeds of Company Arrangement and Creditors’ Trust Deeds. We will assist appointees in planning for and conducting creditors’ meetings.
We advise directors, shareholders and creditors on their rights in relation to corporate reconstructions and insolvency regimes.
Our multi-disciplinary practice ensures that we can negotiate the terms of complex asset sales and document the transaction against a background of the insolvency administration and related nuances.
Lavan’s Reconstruction, Recovery and Insolvency team is well-established in the corporate insolvency and restructuring space but also offers integrated legal services for individuals considering bankruptcy or requiring personal restructuring advice.
Lavan lawyers are skilled in all aspects of asset recovery and reconstruction. Our team will provide assistance to formulate the best structure for company re-organisation and where appropriate will draw up recapitalisation and associated documentation to make the necessary applications for court approval.