litigation support

Litigation is an often stressful time for any business and we appreciate that our client’s priorities are to manage and minimise legal, commercial and reputational risk and meet commercial objectives, in the most cost effective and efficient manner.

Our commitment is to give our clients a thorough and clear assessment of their position, a strategic roadmap to align objectives, an open line of communication with key stakeholders, and a recommendation on how best to achieve a cost-effective commercial solution. We use innovative technology and processes to achieve superior results.

Our aim is to help our clients avoid litigation through dispute resolution mechanisms but, where this is unavoidable, we provide superior tailored support services to innovatively and efficiently meet commercial objectives.

SV Voidables have acted on a broad range of voidable matters, including some of the most complex disputes since our inception 4 years ago. We are well equipped to provide unrivalled specialist support to lawyers, accountants and Liquidators in:

 

 

  • Solvency or Insolvency Reports
  • Strategic and Tactical Dispute Resolution
  • Voidable Defence Accounting Analysis
Strategic and Tactical Dispute Resolution

We assess each clients’ worst case scenario, and develop a recommended course of action to maximise or minimise the claim, depending on the circumstances. Our strategies are designed to achieve the best possible outcome for you or your client.  Our experience is proven with an average recovery of 80% of the quantum of claims for 4 years running.

Consider the following scenario:

  • you or your client are issued with a demand letter from a liquidator seeking the repayment of unfair preference payments totalling $500,000.
  • what do you do? Do you ignore or respond? What are your or your client’s risks?
  • what would happen if, upon immediately receiving the demand, you made a without prejudice offer to settle for $100,000, on the strict basis that no further offers will be entertained?
  • what about if you sent a very long letter in reply, requesting a large amount of documents and thereby putting the Liquidator to work?

With our extensive knowledge of insolvency and litigation processes and tactics, we are well equipped to:

  1. liaise with you or your lawyers to get you the upper-hand in litigation;
  2. attend mediation to negotiate a favourable, commercial, settlement;
  3. address the legal, accounting and interpretative issues raised by the other side; and
  4. prepare expert insolvency or solvency reports for court.

Our approach is to adopt a set of strategies and tactics to bring about a result that is better than what our client’s expectations or risk profile require.

Assessing solvency or insolvency

We have extensive experience preparing complex and simple insolvency and solvency reports for all occasions including:

  • winding-up applications;
  • voidable claims;
  • insolvent trading and;
  • building licence suspensions

We apply an innovative approach to our solvency calculations, investigations and research. We are familiar with a diverse range of case law and commentary, so that no matter how complicated the circumstances may be, we can apply the facts in a clear, simple and airtight way.

We can, depending on your or your client’s requirements:

  1. provide a quick indicative view of the company’s solvency or insolvency, by conducting various analyses of the company’s financial statements and reports
  2. prepare detailed expert solvency or insolvency reports

Industry experience

We have extensive experience across most industries, including:

  • Building and construction
  • Building materials and suppliers
  • Recreation and leisure retail
  • Mortgage and bank lending, including trailing commissions
  • Mining, energy, oil, gas and quarries
  • Agribusiness
  • Franchising
  • Solar energy and RECs
  • Manufacturing
  • ASX-listed companies

Please visit our Voidables experience page to see our experience in preparing insolvency reports.

Voidable defence accounting analysis

We can provide tailored speciality reports covering the various defences to unfair preferences. We can:

Problem Solution
Running account balance defence We analyse and calculate the correct running account balance assessment under section 588FA(3) of the Corporations Act 2001 (Cth).
Good faith – days payments made outside terms

We assess, calculate and report on the trading relationship between the creditor and the company.

For example, we can:

  • age the alleged unfair preference payments relative to trading terms, and then analyse the trend; and
  • comment on this trend relative to historical data. 

 

 

Contact our Voidables team

If you have any questions relating to our Voidables services, please contact one of our expert advisors.

 

Related Articles

Time period for unfair preference payments to unrelated creditors

 

Voidable recoveries - negotiating commercial settlements

 

Administration and liquidation: when is an individual deemed to be an employee or contractor?

 

Case update: cross-border insolvency law

 

Secured creditors, unfair preferences and Liquidators

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