Service Charge

General Principles

Legal fees are determined in line with the rules set by the Australian legal profession. We uphold transparency, fairness, and flexibility in every client engagement.

For Legal Entities

For businesses and organisations, we offer tailored fee options, including:

• Fixed fee

• Hourly rate

• Performance-based (fixed or percentage)

• Monthly retainer

Each model is designed to meet the scope and scale of your matter, whether domestic or cross-border.

For Individuals

Individual client fees are based on direct negotiation, guided by:

• Complexity and required expertise

• Urgency of the matter

• Your financial capacity

• Our past or ongoing relationship

Flexibility & Clarity

We provide written fee proposals upfront and clarify any billing methods in advance, helping clients plan with confidence.

Ethical Compliance

All fees comply with Australian legal conduct rules, including the Legal Profession Uniform Law where applicable

Insolvency

Q: What is insolvency?

Insolvency means a business can no longer pay its debts when they’re due. This might involve debts to suppliers, banks, the ATO, or other creditors

Q: Does being insolvent mean I have to shut down my business?

Not necessarily. Insolvency doesn't always lead to liquidation. In many cases, there are options to restructure or negotiate with creditors to keep the business running.

Q: What’s the difference between insolvency and bankruptcy?

Insolvency applies to companies. Bankruptcy is a legal process for individuals who can’t pay their debts. We handle both business insolvency and personal bankruptcy matters.

Q: What happens if a company stays open while insolvent?

Directors can be held personally liable for any debts incurred after the company becomes insolvent. It’s important to seek legal advice as soon as warning signs appear.

Q: Can insolvency be resolved without going to court?

Yes. Options like voluntary administration or creditor negotiations can help avoid formal court proceedings. We can guide you through the best path forward.

Reorganization

What is reorganization in insolvency?

Reorganization is a legal process that allows financially distressed companies to restructure operations or finances under court supervision, with creditor approval.

The goal is not liquidation or closure, but recovery through a carefully crafted and court-approved reorganization plan.

What does a reorganization plan involve?

A reorganization plan typically includes:

• Operational or financial restructuring;

• Share capital changes (corporate restructuring);

• Downsizing or asset liquidation (full or partial);

• A payment schedule for creditor claims.

This schedule is vital so creditors know when and how much they’ll be paid and can plan accordingly.

Bankruptcy

What is bankruptcy, and when does it apply?

Bankruptcy is the final stage in the insolvency process and occurs only when reorganization is no longer viable.

It is a court-supervised procedure where the debtor’s assets are liquidated (sold off) to pay creditors, and the company is eventually dissolved and removed from official business registers.

What happens during bankruptcy proceedings?

Once bankruptcy is declared, the court may issue a ruling to:

• Revoke the company’s right to manage its operations;

• Appoint a judicial liquidator to oversee the process;

• Liquidate the company’s assets to cover liabilities;

• Remove the company from the official registry once the process concludes.

If the company has no assets or insufficient assets to cover even administrative costs, the court may fast-track the dissolution without liquidation.

Dissolution

What does dissolution mean for a company?

Dissolution marks the formal end of a company's commercial existence. It signifies that the company:

• Can no longer issue invoices or engage in its normal business activities;

• Must cease all operations within its registered business scope;

• Focuses entirely on preparing for asset liquidation and settling debts.

In essence, dissolution is the final step in the insolvency process, leading to the company's removal from the official registry.

Liquidation

What is liquidation in company law?

Liquidation is the process that follows a company’s dissolution. It involves:

• Finalizing all ongoing commercial operations as of the dissolution date;

• Converting the company’s assets into cash;

• Settling all debts owed to creditors;

• Distributing any remaining assets to the shareholders.

Deregistration

What does deregistration mean for a company?

Deregistration marks the complete cessation of a company’s legal capacity to conduct business or commercial operations. It is important to understand that deregistration does not erase the company’s prior records or history. Instead, it formally records the termination of the company’s activities and removes the company from the official register, confirming that the company no longer exists as a legal entity.

Merger

What is a merger, and how does it work?

A merger is a legal process whereby one or more companies are dissolved without undergoing liquidation. In this process, the dissolved companies transfer all their assets and liabilities to another existing company or a newly formed entity. Shareholders of the companies being dissolved receive shares in the absorbing or newly created company, thereby continuing their investment in the new structure.

Division

What is a division, and how does it differ from a merger?

Division is a legal process in which a company is dissolved without entering liquidation, and its entire assets and liabilities are transferred to two or more recipient companies. In exchange, the shareholders of the dissolved company receive shares in the beneficiary companies, effectively continuing their investment across multiple entities.

What are the stages involved in a merger or division process?

The merger or division process typically involves the following key stages:

• Stage 1: Submission of the merger or division plan and the resolution of the general meeting of the participating companies (in some cases, the examination of the plan may be waived).

• Stage 2: Resolutions of the general meetings of shareholders of each participating company to approve the merger or division.

• Updated articles of incorporation of the absorbing company to reflect any changes made.

• Evidence of publication of the Merger or Division Plan in the Official Gazette.

• Preparation of the Merger Financial Statement.

• Provision of information from the relevant tax records.