Insolvency & Restructuring Lawyers

Insolvency can create uncertainty for all stakeholders. Our specialist team provides stability in uncertain times, offering the commercially-effective advice whatever the situation.

2020 AUSTRALASIAN LAW AWARDS WINNER

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Testimonials

I would like to thank Keziah Holdsworth and the personal injury team at Chamberlains Law Firm for achieving a successful outcome on my claim.

As a young child I was placed at Stubbs Terrace Hospital in Perth for care, treatment and protection. Whilst there, my trust and innocence was violated and I was subjected to horrific abuse which significantly impacted my life forever.

The trauma of the abuse affected my personal, family and working life and the ability to achieve the things I wanted to achieve in life. I would not have been able to navigate the stress of the legal process without Keziah’s understanding, empathy and support.

Chamberlains believed in me and fought for me which resulted in a settlement that will help to set myself and my family up for the future.  I would recommend Chamberlains to anyone seeking justice for institutional child sexual abuse.

Abuse Compensation Client

Please pass on my thanks and gratitude to everyone who worked on this case for me. I appreciate all that has been done and especially that l was believed and always treated with kindness and understanding. Everyone l interacted with made a very stressful time much easier to deal with. l felt quite weak, vulnerable and fragile at the beginning of this process but as we went along l became stronger and more determined to see it through. This was due to counselling l received but mostly due to the way l was supported by all of the people involved in the legal team acting for me.

The monetary amount l will receive will be life changing for myself and my family, but speaking out and being believed by so many people means everything and l am confident l will be able finally begin to put this ugly chapter of my life behind me. Please pass this on to all involved. The work you all do is life changing for someone like me.

Injury & Compensation Client

Thank you Isabella. Really appreciated your help over this period, I learned a lot and found it very interesting. You had a very clear and professional approach throughout. Especially over the Christmas lead up.

Workplace Law Client

Many thanks to Mohamad for finalising the estate of my late brother and mother. I appreciate your professionalism, knowledge, and patience. Having lost both my mother and brother within 4 months of each other I felt overwhelmed with the legal processes that followed.

Not only did you explain and help me with the practical processes involved with selling a deceased estate; you outlined things from a layman’s perspective that made the whole process easier to understand.

I am very fortunate to have had you as my legal guide and companion navigating this legal and emotional minefield.

Estate Administration Client

I have had a hard time with an ex-employee lasting over 5 years, with the help from Antonia it was resolved within a month! I can’t express the amount of gratitude I have after this quick and efficient resolution.

Antonia went above and beyond for me along with her colleague Isabella, they both kept me in the loop every step of the way and I felt completely comfortable leaving it in their hands.

Workplace Law Client

Rufus and Jon assisted my mother in settling her claim. I want to say a big thank you to them both for all their work on settling mum’s claim. The settlement was conducted in such a calm manner and relieved a lot of mum’s anxiety, so I just wanted to pass on my appreciation for all of their support and guidance throughout this process.

Thank you Rufus and Jon for everything you have done and for achieving a great outcome for mum.

Personal Injury Client

Keziah made me feel like she was invested and concerned in my matter, going above and beyond to address issues I didn’t even know I could be helped with. The year leading up to my claim had brought me to breaking point, but Keziah motivated and inspired me to fight for my rights. Thanks to her I feel like there is some hope for justice, and that I might live my life in the future.

Personal Injury Client

Alison recently acted for me with respect to a complex personal injury matter resulting from prolonged sexual harassment within the workplace. She understood the impact of these events on my life from the outset, in some ways before I had even fully understood. Her clarity allowed me to focus on my treatment while she pursued legal action on my behalf.

I never felt judged by Alison or her team. I felt heard and cared for. She believed in me when I doubted myself and reassured me when I felt I was not strong enough to keep on fighting.

Personal Injury Client

I engaged Chamberlains Law Firm on the recommendation of my financial planner. Antonia Tahhan was professional, responsive and completed the advise on budget/ on time but more importantly provided clear legal advise and then followed this with a phone call explaining the advise. I have no hesitation recommending Chamberlains Law as your legal representatives.

Workplace Law Client

There are not enough stars for me to rate Jasmin Mantoufeh and Chamberlains Law Firm! Jasmin went above and beyond for me and I am so grateful to have her in my corner! From our first meeting, Jasmin took carriage of my case and her personal attention to me was amazing. I will most certainly refer and if I ever need a lawyer again, Jasmin is the person I will call!

Workplace Law Client

I cannot thank you enough for your professional and empathetic approach making it as smooth and seamless as possible during the mediation. You have all dealt with my ups and downs during the process and the level of detail, care and kindness from you all is appreciated more than I can express.

Family Law Client

You have given me the chance of a fresh start that I didn’t think I’d ever have again to be honest. You literally changed my life and I’ll never be able to thank you enough. Just wanted to let you know how much I sincerely appreciate all your help and hard work.

Compensation Client

We picked the most highly specialised and talented lawyers.

Even with the best of intentions, there may come a time when a business simply can’t afford to keep operating. Accompanying the personal and financial stress of this time is the need to confront what seems like a tsunami of complex legalities.

Chamberlains are experts when it comes to insolvency and reconstruction matters.

Whether you are a business owner, creditor, shareholder or insolvency practitioner, we offer you direct, realistic and practical advice designed to give you a sensible business solution.

 

Process - what happens next?

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Initial case evaluation

After an initial briefing of your matter, we will provide you with a preliminary quote.

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Consultation

We look into all aspects of your matter and suggest the most viable path for you.

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Case management

The Chamberlains team will work tirelessly to reach the best possible outcome for you.

Services

Restructuring & Asset Protection

Businesses confronting a looming financial crisis and needing help responding to mounting debt obligations, may gain breathing room from a corporate restructure. Chamberlains can guide businesses through the legal options of this ‘warm restart’ including cutting their debt, and aiding recovery, all with a focus on preserving company value and operations.

These processes go hand in hand with hand with protecting valuable business assets from possible future financial setbacks and setting up preventative new legal processes to avoid similar issues in the future. These are sensible exercises, but can be made complex when considering tax laws.

Chamberlains can also provide legal advice necessary to implement a ‘cold restart’ with a business reincarnation. No matter the situation, as experienced lawyers with a commercial mindset, we are well-placed to help create more robust operating set ups.

 

Chamberlains corporate commercial lawyer

Corporate Insolvency

When a business shows signs of impending financial trouble, it’s best to act fast because when it comes to corporate insolvency, timing is everything. There may be rescue options available but selecting the right tool to enforce recovery needs to be balanced against counter-productive action that may depress the realisable value of assets and close the door on trading.

Specialist advice is critical to shaping the most appropriate outcome, whether that is voluntary administration, informal restructuring or an ultimate liquidation. Business owners may also be wrestling with additional concerns about staff, premises and their own personal liability.

Fortunately, Chamberlains has a leading team of experienced insolvency lawyers who advise insolvency practitioners on a daily basis and can clarify and provide specialist legal advice on how best to relieve financial distress or to overcome any manner of professional issues which may arise in any appointment.

 

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Great firm to work with. Stipe and the team are knowledgeable and highly professional.

Shelley B.

Personal Insolvency

The last thing anyone who is over-indebted needs is to be pushed into a difficult situation and choose an inappropriate solution. Different people struggling with debts have different characteristics; relief and financial rehabilitation needs to be tailored to their specific circumstances.

Chamberlains’ team can vigorously represent bankruptcy trustees in complex matters and can also sensitively develop an appropriate course of action for individuals— including company directors— whether they are dealing with bankruptcy, personal insolvency agreements, compositions and annulments, property disputes, family law proceedings or voidable transactions. We can also chart a route for those administering the estate of someone who was bankrupt at their death, or whose estate becomes insolvent during disposal.

Do you owe people money? Are you being pursued by your creditors?

Our insolvency lawyers are experts in working with individuals who are in financial distress and can help you to achieve an optimal outcome.

Are you a bankruptcy trustee?

Our team are highly skilled in acting for bankruptcy trustees in everything from straight forward administrative and procedural dealings with AFSA to complex court proceedings and public examinations, and have a breadth of expertise.

 

    Director, Shareholder & Creditor Advice

    Solvency is not only the ability for a business to pay its debts it’s what keeps the commercial world rotating on its axis.

    Solvency is also a common element linking directors, shareholders and creditors. When it’s reduced or absent, the balance tips and one or more parties become weighed down with challenging legal and financial situations.

    Whether a director, shareholder or creditor, Chamberlains’ experienced team can put you in the best position to resolve your issues in the most legally prudent and cost-effective way.

     

    Specialist Services – Family Law, Deceased Estates & Bankruptcy

    Unlike many other law firms, we work in a non-siloed way, meaning our insolvency experts work hand in hand with our family law and deceased estate experts to provide targeted and efficient advice and representation to you when your bankruptcy matter becomes intermingled with a family law or deceased estate issue.

    Whether it is assisting a bankruptcy trustee to resolve an estate’s interest in a family law property pool, or assisting the administrator of a deceased estate to convert the estate to a bankrupt deceased estate, we are perfectly equipped to assist. Day or night, we’re with you.

     

    Family Law

    FAQs.

    • What is bankruptcy?

      Bankruptcy is a legal process which declares that a person is unable to pay their debts. It can absolve them of most debts and allow the person to have a fresh start. It can be seen as an exchange of a person’s assets and financial control for legal protection from the person’s creditors.

      There are two ways to enter bankruptcy. You can either:

      (a) enter voluntary bankruptcy; or

      (b) someone you owe money to (a creditor) can make you bankrupt through a court process.


    • Who manages my bankruptcy?

      When you become bankrupt, a trustee is appointed to manage your bankruptcy. This can be either:

      (a) the Official Trustee in Bankruptcy of the Australian Financial Security Authority (AFSA); or

      (b) you can nominate a registered trustee of your choice.

      The trustee’s fees are generally paid out of the funds recovered in the administration of the bankruptcy.


    • What happens to my assets?

      An asset is anything of value that you possess, such as real estate, vehicles, cash or money in a bank account and tools.

      During bankruptcy, your trustee may be able to claim and sell some of your assets. The proceeds from the sale of your assets can be used to repay the money that you owe to creditors.


    • What are my options? Do I have other options aside from bankruptcy?

      Bankruptcy is just one formal option available under the Bankruptcy Act to manage your debt. Other formal options include six-month relief and a debt agreement.

      A bankruptcy alternative is a Personal Insolvency Agreement (PIA). A PIA involves the appointment of a trustee to take control of your property and make an offer to your creditors. The offer may be to pay part or all of your debts by instalments or a lump sum. Entering a PIA may have a severe impact on you. It may affect your employment, ability to get credit and will appear on a public register permanently.

      Additionally, a debt agreement (DA) is available pursuant to Part IX of the Act. It is an agreement between the debtor and his or her creditors to compromise by paying a percentage of the debts owed over a period of time.


    Contact us.

    Sydney CBD
    Sydney Norwest
    Perth
    Newcastle

    P +61 2 9264 9111
    E hello@chamberlains.com.au