Restructuring and Insolvency

Whether your business is facing financial pressure, navigating a complex debt position, or dealing with a formal insolvency process, Clayton Utz's Restructuring and Insolvency team can help.

Overview

We advise on the full spectrum of restructuring challenges, from early-stage strategic planning and safe harbour advisory through to formal appointments, distressed transactions, and insolvency litigation. Our national, partner-led team acts for lenders, corporates, directors, funds, and insolvency practitioners across every major sector. We work closely with our Banking, M&A, Property, Employment and Tax colleagues to deliver integrated, pragmatic and commercial solutions across:

  • Safe harbour planning and turnaround advice

  • Debt restructuring, refinancing and recapitalisation advice

  • Buying distressed or insolvent assets and businesses

  • Advising lenders and creditors on exposure to a company in financial difficulty

  • Advising administrators, receivers and liquidators

  • Advising on insolvency disputes and director liability.

How we can help

Periods of financial distress can be overwhelming, but with the right guidance, businesses can navigate these challenges effectively. We assist companies in understanding their financial position, identifying key risks, and implementing strategies to stabilise operations and preserve value. Our team is committed to helping you weather difficult times and emerge stronger.

Directors face unique challenges during times of financial uncertainty, particularly when insolvency risks arise. We provide clear, practical guidance on directors' legal obligations, including how to avoid personal liability for insolvent trading and ensure compliance with statutory duties. With our support, directors can act confidently and responsibly to safeguard their position and the company's future.

Global restructurings will often have an Australian element, such as a local subsidiary that needs to be managed, sold or wound up, or a need for recognition of an offshore insolvency process in Australia under the Model Law on Cross-Border Insolvency. Our team includes two INSOL Fellows, and regularly advises offshore debtors and advisers.

The safe harbour provisions under the Corporations Act offer directors a vital pathway to protect themselves from insolvent trading liability while working to restructure their company. We provide expert advice on accessing this protection, guiding directors through the steps needed to develop and implement a viable restructuring plan. With our assistance, directors can focus on turning their business around with confidence.

Restructuring a business often requires the right expertise and access to capital. We leverage our extensive network of trusted financial advisors, turnaround specialists, and alternative capital providers to connect you with the resources you need. Whether it's securing funding or obtaining specialist advice, we'll ensure you have the right support to drive your restructuring efforts forward.

As directors and management, you are navigating complex legal and commercial challenges during this period of financial distress. We provide clear, practical advice to help you meet your legal obligations, including directors' duties, while protecting your personal and professional interests. Our expertise in safe harbour protections and restructuring strategies ensures you can act decisively and responsibly.

We work closely with lenders to protect and maximise the value of their investments in distressed situations. Our team provides expert advice on workout strategies, security enforcement, and restructuring options to achieve optimal outcomes. We are experienced in balancing commercial imperatives with legal considerations to deliver practical, timely solutions.

In times of financial distress, equity holders need a clear understanding of their rights and options. We provide strategic advice to help you protect your interests, whether through participation in restructuring negotiations, recapitalisation efforts, or formal insolvency processes. Our goal is to help you achieve the best possible outcome in a challenging environment.

We understand the critical role suppliers and trade creditors play in a company's operations, even during financial distress. Our team can help you navigate the complexities of dealing with a distressed customer, including understanding your rights, negotiating payment arrangements, and protecting your position in the event of insolvency.

We understand the unique opportunities and challenges faced by alternate capital providers in distressed situations. Our team provides strategic advice on structuring and executing investments, whether through debt, equity, or hybrid instruments. We assist in identifying opportunities, managing risks, and navigating the complexities of distressed transactions to help you achieve your investment objectives.

Recognition

  • Ranked Tier 1, with partners Maria O'Brien and Cameron Belyea recognised as leading individuals – Legal 500 Asia Pacific

  • Ranked Band 2, with partners Maria O'Brien, Cameron Belyea, Nick Poole, Paul James and Katie Higgins recognised as leading lawyers – Chambers Asia Pacific

Experience

Jervois Global

Advised the board on a landmark debt-for-equity restructuring using a combined US Chapter 11 and Australian DOCA strategy.

Westpac / Infinity Pharmacy Group

Acting for Westpac as largest secured creditor in the voluntary administration and receivership of over 90 pharmacies within the Infinity Pharmacy Group.

Multiplex / Sharvain Facades

Advised Multiplex on a critical subcontractor's administration during the $836 million New Sydney Fish Market redevelopment.

Twinza Oil

Advised senior lenders on a receivership and debt-for-equity restructuring, including the first receiver-led creditors' scheme approved by the Federal Court.

Rino Recycling

Acted for receivers of a $214 million waste recycling operation, navigating complex environmental compliance issues and a competitive sale process.

Motorcyle Holdings / Peter Stevens Motorcycles

Advised on the strategic acquisition of motorcycle retail stores and an online business from administrators.

Grays eCommerce

Acted for the administrators of Gray eCommerce to sell the business in a way that navigated a complex state-based regulatory landscape.

ACFS Port Logistics

Acting for receivers of Australia's largest privately owned container logistics operator with creditors including the Australian Taxation Office owed more than $270 million.

Case studies

Case study: Dixon Advisory & Superannuation Services Pty Ltd
Case study: Seer Medical
Case Study: Exactech
Insights
What every insolvency practitioner needs to know about Tranche 2 AML/CTF reforms
28 Jul 2026 | Article
Read Insights
Investing in distressed companies in Australia: a practical guide for potential acquirers
30 Jun 2026 | Article
Read Insights
Section 588FL and security interests granted after the "critical time": what insolvency practitioners should do now
9 Jun 2026 | Article
Read Insights
Merger control regime: involuntary outcomes for voluntary administrations
15 May 2026 | Article
Read Insights
Litigation and strategy – testing the limits in the Mirabela liquidation
22 Apr 2026 | Article
Read Insights
First Australian receiver-led creditors' scheme of arrangement approved
17 Mar 2026 | Article
Read Insights
What insolvency practitioners and lenders need to know about the new merger control regime that commenced on 1 January 2026
4 Mar 2026 | Article
Read Insights
Litigation and strategy – testing the limits in the Mirabela liquidation
27 Oct 2025 | Article
Read Insights
True employer status and recoveries under the Fair Entitlements Guarantee: lessons from Mosaic Brands
8 Oct 2025 | Article
Read Insights
Media release: Clayton Utz advises PwC partners on their transfer to Teneo Financial Advisory
16 Sep 2025 | Media Release
Read Insights
A golden age of creditor empowerment? The "good faith" reason not to call requisitioned creditors' meetings
18 Aug 2025 | Article
Read Insights
Federal Court rules that an error in secured party's details on a PPS registration was not "seriously misleading"
7 Jul 2025 | Article
Read Insights

Our team to support you