Insolvency & Bankruptcy
White Knight Lawyers provides diverse legal services in connection with personal bankruptcy, corporate insolvency, and enforcing and recovering debts.
We often provide legal services in connection with:
- Public examinations
- Debt enforcement and debt recovery
- Statutory demands and bankruptcy notices
- Winding up applications and bankruptcy petitions
- Voluntary administrations
- Winding up generally
- Statutory, contractual and equitable receiverships
- Alternatives to bankruptcy including personal insolvency agreements and debt agreements
- Enforcing security interests
- Seizing and recovering secured assets
- Asset preservation and tracing
- Real property interests
- Personal property security interests
- Proofs of debt
- Recovering property including unfair preference claims and uncommercial transaction claims
- Enforcing judgment debts including garnishee notices
Our experience in insolvency and bankruptcy includes:
- Acting for the Deputy Commissioner of Taxation in applications to wind-up corporations and creditor’s petitions including appearing as advocate in the Federal Court of Australia and Federal Circuit Court of Australia.
- Acting for a trustee in bankruptcy with respect to the sale of the bankrupt’s Australian real property.
- Advising a foreign parent company on the public examination of the directors of its Australian subsidiary.
- Acting for a corporation regarding enforcing its judgment debt, including filing for an examination of judgment debtor pursuant to Part 38 of the Uniform Civil Procedure Rules 2005 (NSW) and successfully seeking an arrest warrant pursuant to section 97 of the Civil Procedure Act 2005 (NSW) for the judgment debtor failing to appear at the examination.
- Successfully defending an individual from a liquidator’s claim for an uncommercial transaction arising out of the sale of a business which the liquidator contended was undervalued.
- Acting for liquidators with respect to public examinations pursuant to Part 5.9 of the Corporations Act 2001 (Cth) including applying for summonses and ancillary orders for production.
- Acting for joint and several liquidators with respect to voidable transactions pursuant to Part 5.7B of the Corporations Act 2001 (Cth) including uncommercial transactions and unfair preference claims against both statutory and private entities.
- Acting for a plaintiff bank in Supreme Court of New South Wales proceedings involving the enforcement of its personal property security interest in agricultural equipment. The bank successfully settled its claim without needing to incur costs of preparing evidence.
- Acting for a liquidator in the transfer of his appointments pursuant to both the Corporations Act 2001 (Cth) and
- Associations Incorporation Act 1984 (NSW).
- Advising an undischarged bankrupt on matters generally pertaining to their bankrupt estate including requests for information by the trustee in bankruptcy, income earned during the bankruptcy, vesting of after-acquired property, and proposed composition of debts.
- Acting for a defendant liquidator in Supreme Court of New South Wales proceedings where the plaintiffs sought a review of the liquidator’s decisions to reject whole or parts of proofs of debt during the liquidation of an association incorporated pursuant to Associations Incorporation Act 1984 (NSW).
- Successfully seeking orders summarily dismissing an originating process which sought various orders including a quistclose trust, the termination of a winding up, and appointment of certain persons as directors.
- Acting as solicitor on the record for two respondents in the Supreme Court of New South Wales regarding their opposition to a liquidator’s application for approval to enter into a litigation funding agreement pursuant to section 477(2B) of the Corporations Act 2001 (Cth). See Re City Pacific Limited  NSWSC 784.
- Successfully acting for joint and several liquidators in Supreme Court of New South Wales proceedings in which they sought approval from the court to enter into a litigation funding agreement where obligations were owed more than three months after its execution pursuant to section 477(2B) of the Corporations Act 2001 (Cth).