Corporate Insolvency
When a company is in distress, the first steps matter most.
Guidance when a business needs it most.
Overview
Corporate Insolvency at Khoury Scott & Associates.
Corporate insolvency decisions made early protect more value — and more directors — than decisions made late. We advise directors and shareholders considering their options, creditors enforcing their rights, and insolvency practitioners on appointment-related matters.
Our work spans statutory demands, voluntary administration, liquidation, receivership, safe harbour and restructuring. We bring commercial judgement to what is often a high-pressure, high-consequence environment.
Who we help
Typical clients in corporate insolvency.
- —Directors concerned about solvency or insolvent trading
- —Companies served with a statutory demand
- —Creditors pursuing winding up applications
- —Shareholders evaluating restructure vs liquidation
- —Liquidators and administrators on appointment-specific matters
How we help
Areas of work within corporate insolvency.
Director advice & safe harbour
Insolvent trading exposure, safe harbour eligibility and documentation, and director duty advice in distress scenarios.
Statutory demands
Issuing and responding to creditor's statutory demands under s 459E of the Corporations Act — 21-day deadlines and set-aside applications.
Voluntary administration & DOCAs
Advice on entering voluntary administration and negotiating Deeds of Company Arrangement.
Liquidation
Creditors' voluntary liquidation, court-ordered winding up and acting on liquidator appointments.
Receivership & secured creditors
Acting for and against secured creditors and receivers — PPSA enforcement and disputes.
Restructuring & turnaround
Small business restructuring (SBR) advice and informal workouts where the business is fundamentally viable.
Our approach
A clear, consistent process — start to finish.
01
Urgent triage
Insolvency matters often have hard deadlines — we respond fast, scope the work and identify what must be done in the first 72 hours.
02
Options analysis
We map the realistic options — restructure, VA, liquidation, safe harbour — with consequences for the company and its directors.
03
Implementation
We prepare and lodge the relevant documents, coordinate with appointed practitioners, and run any contested court applications.
04
Post-appointment support
We continue to advise directors on cooperation obligations, public examinations, and any personal exposure that arises.
Questions
Corporate Insolvency — answered.
The questions we are most often asked. Not a substitute for advice on your specific matter.
- A creditor's statutory demand under s 459E of the Corporations Act 2001 (Cth) can be issued for an undisputed debt of $4,000 or more. If the company does not pay or apply to set the demand aside within 21 days, it is presumed insolvent — supporting a winding up application.
Talk to us
Ready to discuss your matter?
A short, confidential conversation is the best place to start. We will tell you whether we can help, and if not, point you in the right direction.
Book an appointment