Australia: Insolvency/Bankruptcy

The collapse of the Bathla Group has sent ripples through Australia's construction sector, raising critical questions about financial distress management in major projects. With Queensland delivering an unprecedented infrastructure pipeline amid margin pressures and market uncertainty, are project participants adequately prepared to identify and respond to insolvency warning signs before external administrators arrive?

An undischarged bankrupt faces strict legal obligations including cooperating with trustees, disclosing all property and financial changes, and obtaining consent before international travel. What are the criminal penalties for breaching these restrictions, and how can early disclosure and proper legal advice help navigate trustee negotiations more effectively than denial or delay?

Restructuring and distressed transactions in Australia are being influenced by a number of key trends. These include but are not limited to the broader economic downturn; sector-specific challenges; access to capital; regulatory challenges; sustainability considerations; investment in technology; increased M&A activity; and continuing interest from private equity investors.

The Queensland Court of Appeal examines whether a solicitor's equitable lien attaches to costs orders at the time they are made, determining priority rights over monies recovered through receivership proceedings. The decision clarifies the scope and enforcement of solicitors' liens in insolvency contexts.

Obtaining a court judgment is only the first step in debt recovery. When a judgment debtor fails to pay voluntarily, Queensland law provides multiple enforcement mechanisms under the Uniform Civil Procedure Rules...

Chris Bergin from Cathro & Partners speaks with Julian Heatherich, Director of Commercial Sales at Savills, about Victoria's commercial property market challenges and opportunities. With over 25 years of real estate experience, Julian examines how rising construction costs, tighter funding conditions, and reduced transaction volumes are reshaping the landscape for developers, investors, and lenders.

Ankura's Featured Insights page showcases the firm's latest thought leadership across restructuring, sports infrastructure, cybersecurity threats, joint ventures, and financial operations. The collection spans critical analysis of Australian insolvency data, emerging AI-powered cyber attacks, and strategic guidance for navigating complex commercial conflicts and value creation in high-growth environments.

Default judgment offers creditors an efficient path to obtaining judgment when debtors fail to respond to court proceedings, but it is not automatic. Creditors must demonstrate proper service, satisfy procedural requirements under Queensland's Uniform Civil Procedure Rules, and provide sufficient evidence supporting the claimed amount. This examination covers when default judgment is available, the procedural steps required, evidentiary requirements, circumstances for setting aside judgment, and practical e

The Australian Securities and Investments Commission has released its first comprehensive review of voluntary administration and deed of company arrangement outcomes, analyzing over 5,000 companies from 2021 to 2025. The report reveals critical insights into when these restructuring processes are most effective, showing that larger companies with liabilities exceeding $10 million have significantly higher success rates, while smaller companies may benefit from alternative insolvency pathways.