Insolvency, Bankruptcy and Business Restructuring
Expert guidance during financial distress
Guidance through financial uncertainty.
Navigating the complexities of insolvency and bankruptcy requires sensitive handling and expert legal advice to ensure that your rights are protected and that the best possible outcome is achieved. At MST Lawyers, our team is dedicated to providing comprehensive support in all aspects of financial distress, from liquidation and bankruptcy to advisory services for insolvency practitioners.
Insolvency and Bankruptcy Legal Services
Our team has extensive experience in managing insolvency and bankruptcy matters, offering strategic advice and representation to both debtors and creditors.
Insolvency and restructuring
Our Litigation and Dispute Resolution team supports insolvency practitioners, creditors, and company directors through complex financial challenges. We deliver practical, commercial advice tailored to your role—whether you are managing an external administration, seeking to recover funds, or responding to insolvency-related claims.
Bankruptcy
For individuals facing unmanageable debt, bankruptcy can provide a way to reset and start anew. We provide expert advice on the bankruptcy process, helping clients understand their options, the implications of bankruptcy, and the steps involved. Our goal is to support you through this challenging time while safeguarding your financial future.
Liquidation
Liquidation is the process of winding up a company’s affairs, selling off assets, and distributing the proceeds to creditors. We represent companies facing liquidation, guiding them through the process while protecting their legal rights. We are also well versed in dealing with and acting for liquidators. We also assist creditors in recovering funds from companies in liquidation, ensuring that their claims are properly considered.
Voluntary administration
Voluntary administration is an option for companies facing insolvency, allowing them to restructure or sell the business to avoid liquidation. We represent companies and administrators in voluntary administration proceedings, offering strategic advice to achieve the best possible outcome for all stakeholders.
Receivership
Receivership involves the appointment of a receiver to manage the assets of a company, usually on behalf of a secured creditor. We represent creditors, debtors, and receivers in receivership proceedings, ensuring that the process is conducted fairly and in accordance with the law.
Insolvency practitioner advisory services
Insolvency practitioners play a critical role in managing the affairs of insolvent companies. We provide legal advisory services to insolvency practitioners, helping them navigate complex legal issues and fulfil their duties effectively.
Debt restructuring
For businesses and individuals facing financial difficulties, debt restructuring can offer a way to avoid insolvency. We assist clients in negotiating with creditors, restructuring debt, and implementing solutions that enable them to continue operating while addressing their financial obligations.
Supporting secured creditors
We help secured lenders confirm and enforce their rights, including PPSR-registered interests, mortgages, and fixed or floating charges. Our team ensures creditors maintain priority in complex or disputed recoveries.
Assisting administrators in voluntary administrations
We advise administrators during voluntary administration processes, including trade-on operations and business sales. Our goal is to help preserve value and deliver the best possible outcome for all parties involved.
Debt Recovery and Enforcement
We have substantial experience in debt recovery and judgement enforcement. This can range from simple commercial debts through to contested debts. When required, we have also sought freezing Orders to assist with recovery. We have experience in enforcement including the sale of debtor assets and land to aid in enforcement.
Representing unsecured creditors
We represent unsecured creditors engaging with external administrators, advising on their rights, supply arrangements, and options for debt recovery.
Defending directors in recovery proceedings
We defend company directors facing claims related to unfair preferences, insolvent trading, and other voidable transactions. Our lawyers offer strong, commercially minded representation to protect your position.
Injunctions and urgent relief
When urgent action is needed, we act quickly to obtain and enforce injunctions, freezing orders, search orders, or restraining orders. These tools help protect assets and prevent misconduct before a dispute escalates.
we help you move forward with confidence
Why choose us?
We provide strategic, commercially focused advice to insolvency practitioners, creditors, and directors across all stages of corporate distress. Our depth of experience means we deliver timely solutions that balance risk and recovery.
the lawyers dedicated to your success
Meet the team
Our dedicated team of litigation and dispute resolution lawyers brings decades of experience in handling complex disputes. We are committed to protecting your interests and providing practical, results-driven legal solutions.
OUR Clients
Serving both individuals and businesses
Our clients span industries, backgrounds, and needs, each relying on MST Lawyers for dedicated, effective legal support.
Schedule a consultation
Schedule a confidential consultation with our Insolvency & Restructuring team today. We’re here to help you navigate financial distress with clarity and confidence. Contact Mark Skermer or Phil Colman on (03) 8540 0200 or request a consultation using our contact form.
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FAQS
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Litigation involves taking a dispute to court, while dispute resolution includes negotiation, mediation, and arbitration—which can often resolve matters faster and with lower costs.
This legislation is designed to help contractors, subcontractors, and suppliers in the building industry get paid promptly for the work they do and the materials they supply.
It provides a quick and inexpensive process to recover payments owed under a construction contract—even if the contract doesn’t include detailed payment terms.
Key features include:
The right to make a payment claim for construction work or goods/services provided
Strict timeframes for responses (payment schedules) from the respondent
The ability to initiate adjudication if payment is disputed or delayed
Enforcement mechanisms to recover the unpaid amount, if necessary
Why it matters:
The Act is particularly useful where there’s a dispute or delay in payment. It allows you to take action without having to start formal court proceedings, helping to keep your business cash flow moving.
The Domestic Building Contracts Act 1995 (Vic) is still in force, with its most recent amendments effective as of 24 April 2024. Victorian legislation+1NWF Legal+1
Key Recent Amendments
The latest significant changes were introduced by the Building Legislation Amendment (Domestic Building Insurance New Offences) Act 2024, which commenced on 28 February 2024. These amendments aim to strengthen consumer protections in Victoria’s domestic building industry.
1. New Offences Related to Domestic Building Insurance (DBI)
Builders are now prohibited from demanding or receiving payments under a major domestic building contract unless the work is covered by DBI:
Knowingly or Recklessly Without DBI: If a builder knows or is reckless as to whether the work is covered by DBI, they face penalties up to 500 penalty units for individuals ($96,155) or 2,500 penalty units for corporations ($480,775).
Negligently Without DBI: If a builder fails to ensure DBI coverage, even without intent, penalties can reach 240 penalty units for individuals ($46,154.40) or 1,200 penalty units for corporations ($230,772).
2. Grounds for Immediate Suspension
Committing either of these offences can lead to the immediate suspension of a builder’s registration by the Victorian Building Authority (VBA).
3. Ineligibility for Registration
A conviction under these new offences can render a builder, partnership, or corporation ineligible to apply for registration for up to three years. Lexology+2KCL Law+2HWL Ebsworth Lawyers+2
4. Updated Definitions
The definition of “builder” has been expanded to include those who manage or arrange domestic building work, not just those who physically perform it.
These amendments were prompted by issues such as the collapse of builders like Porter Davis Homes, which left homeowners without insurance coverage.
For the full text of the current Act, you can visit the Victorian Legislation website.
It depends on the complexity of the case. Some disputes can be resolved in months, while others may take longer if they go to court.
Yes, many disputes are successfully resolved through mediation, arbitration, or direct negotiations—avoiding the costs and delays of litigation.
We provide expert legal representation, strategic negotiation, and tailored dispute resolution strategies to achieve the best possible outcome for your case.
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Latest News & Insights
Stay informed with the latest case law updates, dispute resolution strategies, and legal trends.
We deliver strategic dispute resolution and litigation services, resolving commercial, workplace, and construction conflicts efficiently while protecting your interests: