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Receivership


Receivership is an inevitable fact of commercial life. Whether secured creditors take the decision to appoint receivers or whether they are appointed by the Court, swift, targeted and decisive action is required.

We are trusted to work closely with receivers to offer strategic, tactical, commercial and practical advice which allows them to deliver the best possible outcomes to our mutual lender clients.

Our experienced team is frequently invited to participate in pre-appointment strategy meetings with both the appointor and the proposed receivers to map out an effective and efficient path to achieve the outcomes desired by both. Early involvement almost always means challenging legal and commercial issues are identified early and a plan to overcome them is settled in advance. We see this collegiate approach as fundamental to our role supporting and advising both the appointor and the receiver.

Agile but firm

Supporting receivers for the benefit of creditor clients means we must be agile but firm, because things happen quickly in many receivership actions particularly when there is a need to protect assets from being dissipated.

While the powers of a receiver or manager vary depending on the terms of their appointment and the security documents, the Corporations Act, or the relevant Court order, our experienced group of legal advisers is always on hand to provide practical guidance and reliable advice.

Our expertise extends to:

  • Pre-appointment strategic and tactical recommendations
  • Preparing appointment documents and managing disputes
  • Negotiation during the security realisation process and any ensuing transactions
  • Advising on, and making commercially sensitive recommendations concerning such matters as sale process, taxation, duties, excise, licensing, remediation and environmental issues
  • Act rapidly when assets are repatriated (sometimes swiftly) both within and outside the jurisdiction
  • Management of reputational issues if they emerge