Bankruptcy & Insolvency:

Commercial litigation comprises the core or junction practice team at Navado. The dedicated staff at Navado have dealt with bankruptcy and insolvency related matters for many years. A commercial litigation solicitor will understand the needs and requirements of an individual who is facing hardship or contemplating bankruptcy. Commercial litigators operate across a broad spectrum of areas of legal practice.

Before a decision is made whether or not to go down the path of bankruptcy, a commercial litigation solicitor will be able to provide legal advice to a prospective bankrupt about alternative ways that cash flow problems may be dealt with. Some of these alternative options are explored in our section on “Bankruptcy & Insolvency” and visitors are welcome to consider these.

Whether it is civil litigation or commercial litigation, a bankruptcy solicitor working in a law firm which deals with a broad spectrum of related disputes and cases will be able to draw on the resources available from other practice areas, when acting in a Bankruptcy matter.  A commercial litigation lawyer will have a broad understanding of contracts, commercial disputes, intellectual property, construction law, torts, trade practices, nuisance, negligence claims, industrial relations, trusts as well as other common law and statutory remedies related to each of these. Matters relating to claw back provisions, property issues and property disputes may well also be relevant to bankruptcy and these can also be considered by our commercial litigation team.

Analysis of transactions will be essential in complex bankruptcies. Solicitors in our civil and commercial litigation team will be able to advise you on claw back issues (if they are relevant) as well as deal with any complaints to AFSA in relation to the conduct of trustees.

The synergy that is generated between the close practice between these different areas of law may reveal opportunities and options which would have otherwise gone unnoticed by a legal practitioner who conducted a practice in only one area of law.  By way of example, the experience from different areas of legal practice means that where a person is being bankrupted or is involved in bankruptcy proceedings, potential defences and cross claims can be explored across a range of practice areas so that not only the bankruptcy can be defended, but also other claims which may be available can also be pursued.

For more specific information on bankruptcy and insolvency, you may wish to refer to our “Bankruptcy & Insolvency” practice area which is overseen by our dedicated bankruptcy team.

If you require assistance with a bankruptcy or insolvency matter, you may wish to contact our firm by telephone on (02) 9233 4048 or email at info@navado.com.au and make an appointment to see one of our solicitors. 

This webpage (and any material or wording appearing on this webpage) is provided for general information purposes only and does not constitute any Legal Advice. It does not take into account your objectives, your instructions or all of the relevant facts and/or circumstances. Navado accepts no responsibility to any person who relies on the information provided on this website. We further refer you to our Disclaimer.