Insolvency is a financial state in which an individual or company is unable to pay their debts as and when they fall due, or where liabilities exceed available assets. It is a serious situation that can lead to formal legal processes such as liquidation, voluntary administration or court-ordered winding up, all of which are designed to deal with unpaid debts and protect the interests of creditors.

If you are facing company insolvency, liquidation, voluntary administration or winding up proceedings, obtaining timely legal advice can be critical to protecting your interests. Vogt Legal provides practical insolvency legal advice in Perth to company directors, creditors, liquidators and administrators across a wide range of corporate insolvency matters. Our experienced lawyers can assist with statutory demands, creditor claims, restructuring, unfair preference claims, directors’ duties and disputes arising during voluntary administration or liquidation, and your first telephone conversation is free.

Vogt Legal advises on all general litigation matters which may arise in the affairs of insolvent persons or companies including:

• Voluntary administration

• • advising directors prior to the appointment of voluntary administrators;
  • applications to the Court during the course of the administration;
  • identifying and appointing administrators;
  • preparing deeds of company arrangement and creditors’ trust deeds;
  • assisting with restructure of affairs; and
  • acting on behalf of company administrators or DOCA administrators.

• Liquidation

• • acting on behalf of liquidators to recover assets of the company in liquidation;
  • assisting with the appointment of liquidators;
  • advising on rights and entitlements of creditors of company in liquidation

• Winding Up Proceedings

• • drafting and serving statutory demands;
  • advising recipients of statutory demands; and
  • representing clients in winding up proceedings, as plaintiff (or supporting creditor) or defendant.

• Unfair preferences

• Breaches by directors of legal, equitable, fiduciary and statutory duties

If you have concerns in any of these areas, please contact us today via the link below.