Restructuring + Insolvency

We advise banks, borrowers, investors and directors, as well as many leading insolvency practitioners in relation to all types of insolvency administrations. We regularly advise and act for creditors, directors, lenders and investors facing issues arising from corporate insolvency, including insolvent trading claims and actions in relation to insolvent transactions. We have extensive experience advising and acting in relation to disputes and applications arising in restructures and workouts, voluntary administrations, liquidations and receiverships.

Our Approach

Our Restructuring + Insolvency group works closely with our Corporate Advisory, Banking + Infrastructure and Disputes + Investigations teams to ensure our clients receive a seamless service that meets their requirements and provides the best solution.

Our Restructuring + Insolvency group is dynamic and valued for its pragmatic, commercial and partner-led service. The team has been awarded the Australasian Law Awards Insolvency and Restructuring Deal of the Year award for the last five years.

Dominic Emmett, who heads the group, has been consistently ranked as one of Australia’s leading insolvency and restructuring lawyers in major legal directories including Chambers Global. We also have the highly rated Peter Bowden in our team in addition to our other senior team members.

Our services

  • Restructuring and workouts
  • Distressed debt investing
  • Corporate distress
  • Voluntary administrations, liquidations and receiverships
  • Disputes and applications arising in relation to all of the above.

Our experience includes advising:

  • CBA with respect to the funding and restructuring of its A$44 million project financing facility made available to Campus Living Villages (Canberra) Pty Limited in connection with the University of Canberra Student Residences project.
  • The project company – advising in connection with the financing, development, operation and restructuring of the University of Canberra Student Residences project, including with respect to CBA’s financing of that project.
  • The Liquidators of Cobar Consolidated Resources Ltd and its subsidiaries – acting in relation to the proceedings commenced in the Federal Court of Australia by the liquidators and one of the subsidiary entities, Silver Corporation of Australia Pty Ltd (in liquidation), against one of its former directors for insolvent trading breaches.
  • Boart Longyear – advising a major secured noteholder on its recapitalisation.  
  • Slater & Gordon on its A$727 million restructure and recapitalisation via inter-conditional schemes of arrangement, which included the novel use of a scheme of arrangement to secure the resolution of numerous actual and threatened shareholder class actions, the separation of Slater + Gordon’s Australian and European operations and the injection of significant funding from members of the new syndicate.  
  • KKR, BIS and its directors in relation to the restructure of the BIS Group’s debt facilities.
  • Emeco’s majority noteholders in connection with the restructure of Emeco and the restructure and acquisition of Andy’s and Orionstone.
  • The Australian subsidiary of Toys“R”Us and its directors on the impact of Toys“R”Us Inc filing for Chapter II.  
  • Arrium Administration (Insolvency and Restructuring Deal of the Year at the 2017 ALB Australasian Law Awards) – advising the administrators appointed to the Arrium group, including advising on the dual track IPO and trade sale process for MolyCop.
  • Atlas Iron (Insolvency and Restructuring Deal of the Year at the 2016 ALB Australasian Law Awards) – advising the majority lenders on its restructure and recapitalisation.
  • Mirabela Nickel - acting for the ad-hoc committee comprising the majority US noteholders and the administrators in relation to debt for equity restructure. Team members also advised on the subsequent restructure of Mirabela.
  • Brisconnect – acting for PPB as receivers on claim against traffic forecasters.
  • Paladin Energy – advising a JP Morgan-led ad-hoc group of convertible bondholders.  
  • The Ten Network and its Board on its restructuring initiatives.
  • The majority noteholders of Norkse Skog in relation to the proposed restructuring strategies for the Australian part of the Norske Skog group.
  • Acting as conflicts counsel for the receivers and managers of the RiverCity Motorway, including on the claim against the traffic forecasters.

Gilbert + Tobin's Restructuring + Insolvency team is ranked Tier 1 by Legal 500.

Legal 500 2019

Gilbert + Tobin's Restructuring + Insolvency team is ranked by Chambers Asia-Pacific.

Chambers Asia-Pacific 2019

Insolvency & Restructuring Deal of the Year for the Paladin Energy restructuring

Australasian Law Awards 2019

"Gilbert + Tobin is a very strong performer: their industry expertise is one of the best in the market and they're very good for restructuring."

CHAMBERS ASIA-PACIFIC 2018

Gilbert + Tobin advised on the following winning deals: Paladin Energy Ltd – Restructuring Deal of the Year and Network Ten – Large Company Turnaround of the Year

TMA Australia Turnaround Awards 2018

Insolvency & Restructuring Deal of the Year for the Arrium Group restructuring

Australasian Law Awards 2018

Gilbert + Tobin awarded ‘Restructuring Law – Law Firm of the Year in Australia’

Corporate Intl Magazine Global Award 2018

Gilbert + Tobin won Insolvency & Restructuring – Law Firm of the Year - Australia

Finance Monthly Law Awards 2017

Gilbert + Tobin won Corporate Recovery & Insolvency – Law Firm of the Year - Australia

Lawyer Monthly Legal Awards 2017

Gilbert + Tobin won Restructuring Deal of the Year for the Emeco Restructure

Turnaround Management Association Awards 2017

Gilbert + Tobin won Insolvency & Restructuring Deal of the Year for the Atlas Iron Restructure

Australasian Law Awards 2016