Insolvency and restructuring lawyers in Newcastle

We advise directors and creditors on administration, liquidation, safe harbour and restructuring in NSW.
A Mullane Lindsay solicitor reviewing documents at a desk

Financial distress is time-critical, and the earlier you act, the more options you keep. We advise directors, companies and creditors on voluntary administration, liquidation, receivership and restructuring, governed by the Corporations Act 2001 (Cth). For directors, acting early can mean the difference between a restructure and personal liability. We act from our offices in Newcastle, for clients across the Hunter and NSW.

How we help

We help you understand your exposure and act on it before options close. We:

  • Advise directors on their duties and personal exposure, including insolvent trading and safe harbour.
  • Guide companies through voluntary administration, liquidation and restructuring.
  • Act for creditors recovering debts, alongside our commercial disputes work, and respond to administrations and liquidations.
  • Advise on restructuring options, from an informal workout to small business restructuring and a deed of company arrangement.

Why clients choose Mullane Lindsay

Our litigation team is led by Director Kristy Nunn and Special Counsel David Collins. We give clear, commercial advice at speed, because in insolvency a delay of weeks can remove the best options. Backed by the firm since 1976, we act decisively for directors and creditors alike.

When should directors get advice?

Immediately at the first sign of financial distress. Under section 588G of the Corporations Act 2001 (Cth), a director can be personally liable for debts incurred while the company is insolvent. The safe harbour in section 588GA can protect directors who take early, documented steps reasonably likely to lead to a better outcome than immediate liquidation, but only if they act early and get proper advice. Directors who receive a director penalty notice have a strict, short window to respond.

FAQs

Personal insolvency applies to individuals, under the Bankruptcy Act 1966 (Cth), administered by AFSA, and includes bankruptcy, debt agreements and personal insolvency agreements. Corporate insolvency applies to companies, under the Corporations Act 2001 (Cth), administered by ASIC, and includes voluntary administration, liquidation and receivership.

A process under the Corporations Act 2001 (Cth) that gives a distressed company breathing space. Directors appoint a registered administrator, a moratorium stops creditor enforcement, the administrator investigates and reports, and creditors vote to enter a deed of company arrangement, return the company to its directors, or place it in liquidation. It is time-critical.

Significant personal exposure: liability for insolvent trading under section 588G of the Corporations Act 2001 (Cth), recovery of voidable transactions such as unfair preferences, claims for breach of directors’ duties, penalties for illegal phoenix activity, and disqualification. Directors who suspect insolvency should get urgent advice.

An informal workout with key creditors, small business restructuring (for eligible companies under $1 million in liabilities, with directors staying in control), a deed of company arrangement, a scheme of arrangement, and the safe harbour protection under section 588GA. Early intervention is the single biggest factor in a successful restructure.

Meet Your Team
Kristy Nunn

Kristy Nunn

Director and Practice Group Leader, Litigation, Disputes and Resolutions
David Collins

David Collins

Special Counsel, Disputes, Litigation and Resolution
Our Services

Strategic legal guidance when it matters most.

We start with a confidential conversation. There is no jargon and no pressure, just a clear sense of your options and what we would do next.