Insolvency and Restructuring New

Practical Law Insolvency and Restructuring covers all aspects of personal and corporate insolvency. Our expertly drafted practice notes, standard documents and checklists take you through all stages of an insolvency process, from initiation and appointment to managing key stakeholders and making court applications, and also offer guidance on corporate restructuring and intra-group reorganisations.

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Practice Notes

Practice notes
Clear and comprehensive guidance providing detailed analysis, along with practical and tactical know-how, fully referenced to primary sources and constantly maintained.

Standard documents and clauses

Standard documents and clauses
Up-to-date precedents that reflect current law and market practice for all stages of an insolvency process, including appointment documents, letters, court applications and orders, and contractual and commercial documents.

Standard documents and clauses

Standard documents and clauses
Up-to-date precedents that reflect current law and market practice for all stages of an insolvency process, including appointment documents, letters, court applications and orders, and contractual and commercial documents.

Checklists

Checklists
Checklists are concise and quick reference tools outlining the key legal issues and practical know-how you need to advise your client.

Why Practical Law Insolvency and Restructuring?

Achieve efficiency

Achieve efficiency

Demonstrate immediate time and cost efficiencies with guidance on key legal issues, template documents and step-by-step checklists. Our comprehensive, step-by-step guides provide you with up-to-date, practical expertise and know-how to help you navigate an insolvency process or restructuring situation on behalf of your client with ease and confidence.

Rely on maintained content

Rely on maintained content

Do you like providing legal advice and solutions with confidence? Our content is developed and constantly maintained by writers with legal expertise gained from some of Australia's leading law firms and corporations. From everything to a debt agreement, safe harbour provisions, standstill agreement terms, unfair preference instances, or statutory demand examples - we have you covered.

Enhance your knowledge

Enhance your knowledge

Get up-to-speed on specialist areas or unfamiliar issues fast. Practical Law's intuitive and user-friendly interface makes it quick and easy to find practical guides and precedents, and regular legal updates keep you across all the latest developments in insolvency and restructuring.

Conduct an insolvency process with confidence

Conduct an insolvency process with confidence

Run an insolvency process from start to finish, and ensure you don't miss any steps with guidance, checklists and templates for every stage of a receivership, voluntary administration, deed of company arrangement or liquidation. Alternatively, act with confidence on behalf of a stakeholder in a corporate or personal insolvency process, or a pre-appointment workout scenario, to protect their interests and ensure the best possible outcome.

Our team

Meet our in-house team of expert legal writers who are 100% dedicated to creating and maintaining our Insolvency and Restructuring resources.

Laura Hawes Laura Hawes Head of Dispute Resolution, Insolvency and Restructuring
Jacqui Ogden Jacqui Ogden Senior Lawyer Writer
Laura Hawes

Laura Hawes is Practical Law’s Head of Dispute Resolution, Insolvency and Restructuring. Laura has more than 10 years' experience in litigation and dispute resolution, having developed specialist expertise in insolvency & restructuring law with a particular focus on contentious and litigated matters, acting for insolvency practitioners, company directors, secured and unsecured creditors, and other major stakeholders. Prior to joining Practical Law Australia, Laura practised for over 10 years at (variously) Clayton Utz, DLA Piper and (formerly) DibbsBarker. Laura is a member of the Australian Restructuring and Turnaround Association (ARITA) and has completed the ARITA Advanced Certification course.

Jacqui Ogden

Jacqui Ogden has more than 13 years’ experience in litigation and dispute resolution, with particular expertise in insolvency & restructuring and managed funds litigation. Prior to joining Practical Law, Jacqui practised at Gadens Lawyers (Brisbane) as a commercial dispute resolution lawyer and gained broad experience in a wide range of matters including debt recovery proceedings (both secured and unsecured), professional negligence claims (against auditors and valuers), Corporations Law proceedings (including claims against directors and officers for breach of duties), breach of contact claims as well as insolvency administrations and complex managed funds litigation.

"Practical Law’s Insolvency and Restructuring module provides insolvency practitioners with current, substantive law combined with practical, tactical and procedural guidance to assist with any stage of a personal or corporate insolvency process, or a corporate reorganisation or restructuring. Our fully integrated practice notes, standard documents (including court documents, as well as transactional documents), checklists and toolkits deliver clear and concise legal guidance, and are constantly kept up to date by our team of expert legal writers. Whether a junior or senior insolvency practitioner, you can act with confidence and save time in your day-to-day practice knowing that our resources reflect the latest legal developments."
Laura Hawes Laura Hawes,
Head of Dispute Resolution, Insolvency and Restructuring

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Featured Resource Toolkit: Ipso facto clauses An ipso facto clause is a provision in a contract that permits a party to terminate it (or exercise other rights) due to an insolvency event occurring in relation to the counterparty. Following the introduction in 2018 of provisions in the Corporations Act 2001 (Cth), that impose a stay the enforcement of those rights in certain circumstances, businesses need to take particular care in reviewing their contractual documentation and entering into new contracts, and consider whether and how those provisions interfere with their contractual rights. This toolkit provides detailed guidance on the effect of the stay provisions, and offers practical steps that parties can take to protect their position, both at the stage of contracting with a company and in circumstances where the company has become subject to a relevant external administration process. It includes: Practice note: Ipso facto clauses: enforcing termination and other contractual rights against a company in external administration Checklist: Tips and strategies for contracting with a company: ipso facto and other clauses Checklist: Tips and strategies for protecting and enforcing contractual rights against a company in external administration Download now Toolkit: Ipso facto clauses

This toolkit contains:


  • Practice note: Ipso facto clauses: enforcing termination and other contractual rights against a company in external administration
  • Checklist: Tips and strategies for contracting with a company: ipso facto and other clauses
  • Checklist: Tips and strategies for protecting and enforcing contractual rights against a company in external administration

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