Insolvency Recovery

When a Company That Owes You Money Fails

Receiving a notice of liquidation or administration is alarming. You worry the money you’re owed is gone, and may even be pursued by a liquidator to repay previous payments (‘preference payments’). We provide clear, strategic advice to creditors, helping you understand your rights, recover what you can, and defend your position.

Insolvency Recovery: What It Covers

Statutory Demands for Payment

Formal legal demand for a debt of $4,000+ under the Corporations Act. The company has 21 days to respond, failing which they are presumed insolvent, enabling a winding-up application.

Winding-Up Applications

If a company ignores a Statutory Demand, you can apply to the Supreme or Federal Court to have the company wound up, placing it into liquidation. Often the threat alone secures payment.

Defending Preference Claims

If paid before liquidation, a liquidator may attempt to “claw back” funds. We defend these claims, showing good faith and entitlement to retain payments.

Advice for Creditors in Liquidation

We help creditors lodge a Proof of Debt, liaise with liquidators, and represent you at creditor meetings to protect your rights and maximise recovery.

Why Choose Irvine Lawyers for Insolvency Recovery

Deep Insolvency Expertise: Extensive experience with the Corporations Act 2001 (Cth), winding-up, administration, and liquidation processes.
We Defend & Pursue: Act for creditors recovering debts and for those defending against liquidator claims.
Clear Advice: Realistic commercial assessments. We advise on the most cost-effective path and when cutting losses is appropriate.
Powerful Legal Tools: Correct use of statutory demands and other insolvency-specific legal tools.

How It Works: Our Insolvency Process

Free Strategy Consult

30-minute review of debts, notices, and debtor solvency with practical strategy advice.

Issue Statutory Demand

Prepare and serve a Statutory Demand for a fixed fee, triggering a 21-day response period.

Action or Defence

Assess commercial viability of winding-up applications or defend against liquidator claims.

Resolution

Manage the full legal process aiming for best commercial outcome—payment, dividend, or successful defence.

Pricing & Transparency

Fixed fees for preparing and serving Statutory Demands. Clear estimates provided for complex matters like winding-up applications or defending preference claims. Costs vs benefits always discussed upfront.

Common Situations We Handle

Issuing a Statutory Demand in Victoria for large unpaid company debts.
Receiving a liquidator’s demand for an alleged unfair preference payment.
Applying to the Supreme Court to wind up a non-paying debtor company.
Lodging a Proof of Debt for a corporate client in administration.
Advising creditors on rights at creditor meetings.
Investigating insolvent trading by companies that owe money.

Google Review

    
 
 
      Trustindex verifies that the original source of the review is Google. I can’t recommend Laurie highly enough.

We had a very urgent situation where a loan needed to settle within two days, and we desperately needed a solicitor to review guarantor loan documents to make settlement happen on time. Laurie stepped in immediately and was willing to help even outside of normal working hours, which made all the difference.

As a mortgage broker, I understand how critical timing and responsiveness are in these situations, and Laurie was not only incredibly professional but also genuinely lovely to deal with throughout the process.

Thanks to his help, everything was reviewed in time and the settlement went through smoothly. We’re extremely grateful and I’ll definitely be sending more clients his way.

Thank you again, Laurie!
  
  Posted on Google  
 
    
   JESSIE BOYCE 
 
 
 
 
     Trustindex verifies that the original source of the review is Google. They are always there to support with my family circumstances changing. I am grateful for the personal feel and professional service. Thank you Laurie.
  
  Posted on Google  
 
    
   natalieboughosn 
 
 
 
 
     Trustindex verifies that the original source of the review is Google. The best lawyer I have come across in years, very thorough, very informative and just an all round honest and genuine bloke
  
  Posted on Google  
 
    
   nadia costello 
 
 
 
 
     Trustindex verifies that the original source of the review is Google. Luary great service knowledge of the situation excellent
  
  Posted on Google  
 
    
   Charlie Scicluna 
 
 
 
 
     Trustindex verifies that the original source of the review is Google. Very good advice from Laurie.
  
  Posted on Google  
 
    
   Mark Russell

Service Areas & Contact

From Warrnambool and South Morang, we provide strategic insolvency advice across Melbourne and regional Victoria. Protect your rights when a debtor fails.

Call us on (03) 9422 5439 for South Morang or (03) 5562 9196 for Warrnambool, or Book your free 30-minute case assessment online.

FAQs: Insolvency in Victoria

What's the difference between debt recovery and insolvency?

Debt recovery targets solvent debtors; insolvency law applies when a company cannot pay its debts and involves formal processes under the Corporations Act.

What is a Statutory Demand?

A formal legal demand for payment served on a company. If unpaid within 21 days, the company is presumed insolvent, enabling a winding-up application.

What is a liquidator's "preference claim"?

Attempts by a liquidator to claw back payments made before liquidation, arguing they were “unfair preferences.” We help defend these claims.

What's the difference between a liquidator and an administrator?

An administrator seeks to save the business or maximise creditor outcomes, while a liquidator ends the business and distributes assets.

My debtor is in liquidation. Is my money gone?

Not necessarily, but full repayment is unlikely. As an unsecured creditor, you must lodge a Proof of Debt. You may receive a dividend, but it is not guaranteed.