Expert Restructuring & Insolvency Advice
At Gear & Co Lawyers, we help Brisbane businesses navigate insolvency and restructuring processes with strategic thinking and practical solutions. Whether you’re exploring voluntary administration, defending against creditor claims, or planning a business turnaround, we provide clear guidance when the stakes are highest
When your business faces financial distress, the decisions you make in the next few weeks can determine whether you survive, restructure, or face liquidation. You need an insolvency lawyer who understands both the legal requirements and commercial realities of business restructuring.
Voluntary Administration – We advise directors considering voluntary administration, helping you understand the process, your obligations, and potential outcomes. Our guidance covers everything from appointing administrators to creditor meetings and deed proposals.
Liquidation Matters – Whether facing creditors’ voluntary liquidation or court-ordered winding up, we protect your interests and ensure compliance with statutory requirements while minimising personal liability risks.
Receivership Issues – When secured creditors appoint receivers, we advise on director duties, asset protection strategies, and potential challenges to receiver appointments or conduct.
Formal Insolvency Processes
Restructuring & Turnaround Solutions
Informal Arrangements – Many businesses can avoid formal insolvency through negotiated payment arrangements, standstill agreements, or composition with creditors. We structure these arrangements to provide maximum protection and flexibility.
Small Business Restructuring – We assist eligible small businesses with the simplified debt restructuring process, helping you develop realistic repayment proposals while maintaining business operations.
Safe Harbour Advice – Directors can gain protection from personal liability by implementing turnaround plans. We provide guidance on safe harbour requirements and help document your restructuring efforts.
Our clients include company directors, business owners, creditors, and insolvency practitioners across Queensland’s construction, manufacturing, retail, and service industries.
Preference Payment Claims – We defend directors and creditors against unfair preference claims, asset clawback actions, and other recovery proceedings brought by liquidators or administrators.
Director Penalty Notices – When the ATO issues director penalty notices for unpaid PAYG or superannuation, we advise on your options including company restructuring to limit personal exposure.
Creditor Rights – We assist secured and unsecured creditors in protecting their interests during insolvency processes, including proof of debt submissions and challenging administrator decisions.
Creditor & Recovery Actions
Insolvency & Restructuring Services
Financial distress doesn’t always mean the end of your business. With the right legal strategy and timely action, many companies can restructure their debts, protect their assets, and emerge stronger. Our insolvency lawyers work with directors, creditors, and administrators to achieve the best possible outcomes in challenging circumstances.
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Liquidation involves the appointment of an independent insolvency professional (a liquidator) to take over the management of a debtor company.
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If you need advice on bankruptcy, Gear & Co’s bankruptcy lawyers in Brisbane can provide experienced legal advice and representation across a range of bankruptcy matters.
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If a company is facing financial difficulties, we can work with you to proactively implement a successful turnaround and restructuring strategy to save your business.
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Our lawyers have experience acting to protect and recovery property belonging to a creditor, and to secure the recovery of debts owed to creditors.
How the Process Works.
Your Insolvency & Restructuring Journey
Insolvency and restructuring matters require immediate attention and strategic decision-making. Our process is designed to provide you with clear options and decisive action when time is critical.
Urgent Assessment – We begin with an immediate review of your financial position, cash flow, and legal obligations. This helps us identify your most pressing issues and available options, whether that’s breathing space through voluntary administration or defending against creditor actions.
Strategic Planning – Based on our assessment, we develop a comprehensive strategy that considers your business viability, asset protection, director duties, and stakeholder interests. Every situation is different, and cookie-cutter approaches rarely work in insolvency.
Implementation Support – Whether you’re entering voluntary administration, negotiating with creditors, or defending preference claims, we provide hands-on support throughout the process. This includes preparing documentation, liaising with administrators, and representing you in court if necessary.
Stakeholder Management – Insolvency processes involve multiple parties with competing interests. We help you navigate relationships with administrators, creditors, employees, and other stakeholders while protecting your position.
Compliance Monitoring – Director duties don’t disappear during financial distress – they often become more onerous. We ensure you understand and comply with your ongoing obligations while exploring all available options.
Post-Process Planning – Whether your business emerges from restructuring or faces liquidation, we help you plan for what comes next, including new business structures, asset protection, and lessons learned for future ventures.
Speed and Responsiveness – Insolvency situations develop rapidly, and delayed action can eliminate options. We provide immediate advice and can mobilise quickly when urgent action is required.
Commercial Focus – We understand that insolvency is ultimately about business outcomes, not just legal compliance. Our advice considers the commercial realities of your industry and the practical implications of different strategies.
Director Experience – Our lawyers have extensive experience advising company directors facing financial distress. We understand the personal stress involved and provide clear, practical guidance on your duties and options.
Creditor Representation – We also act for creditors seeking to protect their interests, giving us valuable insight into all sides of insolvency processes and helping us anticipate potential challenges.
Queensland Expertise – As a Brisbane-based firm, we have deep experience with Queensland courts, local administrators, and regional business conditions that can impact restructuring outcomes.
Relationship Network – We work closely with experienced insolvency practitioners, business advisors, and financial specialists to provide comprehensive support for complex restructuring situations.
Why Choose Gear & Co for Insolvency & Restructuring
Frequently Asked Questions
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Voluntary administration is designed to give companies time to explore restructuring options while protecting them from creditor action. It may result in a deed of company arrangement or return to director control. Liquidation involves winding up the company and distributing assets to creditors – it’s typically the end of the business.
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Generally, directors have limited liability, but there are important exceptions. Directors can face personal liability for trading while insolvent, phoenix activity, or unpaid employee entitlements and taxes. Acting quickly when financial problems arise is crucial to minimising these risks.
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Voluntary administration initially runs for about 5 weeks, though this can be extended. Liquidations vary significantly – simple matters might conclude in 6-12 months, while complex liquidations can take several years. Small business restructuring processes are designed to be completed within 20 business days.
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Employee entitlements are given priority in insolvency processes, and employees may be eligible for government assistance through the Fair Entitlements Guarantee. However, employees are often made redundant when businesses enter administration or liquidation.
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This depends on factors like business viability, asset values, debt levels, and market conditions. We help you objectively assess whether restructuring is realistic or whether controlled liquidation might achieve better outcomes for all stakeholders.
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Get Expert Insolvency & Restructuring Advice
When your business faces financial distress, every day matters. The sooner you seek professional advice, the more options you’ll have to protect your business, assets, and personal interests.
Don’t wait until it’s too late – early intervention often makes the difference between successful restructuring and costly liquidation. Our experienced insolvency lawyers are ready to assess your situation and provide immediate, practical guidance on your best path forward.
Contact Chad Gear or Aman Singh at (07) 3209 2547 or info@gearandco.com.au for urgent insolvency and restructuring advice.