Restructuring, Insolvency and Special Situations

Gadens has a specialist team dedicated to advising clients in relation to all aspects of distressed situations. The team draws together the firm’s expertise across restructuring and insolvency, banking and finance, real estate, corporate advisory and tax.

Our expert team has an established record in delivering innovative solutions for our clients including banks and other institutional creditors, corporates, international and domestic investment funds, insolvency practitioners, shareholders and company directors.

We have significant experience in completing consensual distressed (and performing) debt restructurings. This includes debt trading and sub-participation arrangements.

Where a consensual restructuring is not possible, Gadens has one of Australia’s largest insolvency and enforcement teams and we are adept at moving quickly to protect our clients’ positions.

We take the time to invest in understanding our clients’ needs in order to quickly identify key issues and work closely with them throughout the restructuring and insolvency process.

“We were pleased to work closely again with Gadens on another important transaction for our fund. The Gadens team did an exceptional job to support completion of this transaction in difficult market conditions. Their commerciality and specialisation has been critical to us finalising a transaction that will secure access to finance for many individuals and businesses in a tough economic climate.”

Ryan Donnar (Head of Originations & Execution) and Adam Howell (Head of Legal & Risk), DCF Asset Management

For more information on our areas of specialisation, see:

• Special Situations
• Restructuring and Insolvency
• Workouts and Restructures
• Banking and Finance
• Distressed Real Estate

“A broad range of experience catering predominantly to the SME market. Further noted for its use of innovative technology to facilitate the tracking of recovery mandate progress. Often acts on the insolvencies of investment funds and distressed companies and also assists banks with recovery action.”

Chambers and Partners 2020

Special Situations

Our team works closely with clients on the full gamut of special situations deals, from financial recapitalisations of debt facilities and securities, distressed M&A, distressed real estate through to advising sponsors and portfolio companies on operational and group reorganisations.

Where a consensual restructuring becomes impossible, Gadens has one of Australia’s largest insolvency and enforcement teams and we are adept at moving quickly to protect our clients’ position. With impressive experience in distressed (and performing) debt solutions – including debt trading and sub participation in relation to corporate loans – we take a holistic approach that meet your legal needs across capital restructuring and insolvency, banking and finance, and corporate advisory.

Restructuring and Insolvency

Our dedicated restructuring and insolvency lawyers act for many of Australia’s leading financial institutions in relation to impaired exposures, and insolvency practitioners in relation to all forms of external administration, including informal workouts and pre-insolvency appointments.

We also regularly act for and advise company directors and SMEs through to large corporates in relation to all aspects of distressed situations.

Our clients benefit from our extensive insight and expertise on legislative changes, market trends and industry developments, across the full spectrum of insolvency matters.

Supported by our Banking and Finance, Property, Tax, and Corporate Advisory teams, we offer clients a holistic and pragmatic solutions across all aspects of insolvency.

Change can happen quickly, and having access to responsive, knowledgeable and experienced insolvency lawyers is essential. Combining technical skills and commercial insight, we give our clients the confidence that their needs will be met efficiently, however challenging the circumstances.

Workouts and Restructures

In unpredictable economic times, businesses may be challenged in meeting financial obligations. When under such stress, sound legal advice and support in restructuring or recapitalising can be crucial to help secure a business’ future. Advising financial institutions, developers, sponsors, creditors’ committees and agencies, our specialist team works with clients that are working to avoid litigating or putting their counterparties into any kind of formal administration.

We work with clients to structure and negotiate workouts as well as facilitate additional capital from private or public sources. We specialise in corporate restructures and have an impressive track record of assisting large corporates and SME companies recapitalise in order to strengthen their balance sheets when business activity is depressed. We are experts in corporate governance and directors’ duties and are the ‘trusted corporate counsel’ to a broad array of listed entities and corporates as well as international and domestic investment funds.

Our Corporate practitioners advise clients looking to invest in troubled businesses, including debt and asset purchases and divestments, deeds of company arrangements, management buyouts, leveraged buyouts, joint ventures and secondary buyouts, public to private transactions, succession, purchases from receivers / administrators and Australian Competition and Consumer Commission (ACCC) ‘forced’ divestments, financing, trade sales, IPOs, mergers, strategic alliances, private equity and venture capital investment.

Banking and Finance

Gadens’ banking and finance specialists possess significant debt restructuring expertise gained before, during and after the GFC period. Our expert team regularly advises secured creditors (and corporates) in relation to distressed debt situations, including debt standstill arrangements, consensual work-outs and debt restructurings and related asset disposals.

We have a long track record regularly advising the four major Australian banks, as well as many other major Australian financiers and non-bank lenders, as well as key insolvency practitioners (where relevant).

Distressed Real Estate

Gadens has one of the largest legal real estate teams in Australia. We have extensive experience across all property asset classes as well as expertise in construction. Our expertise enables us to provide strategic assistance in the sale and management of distressed real estate assets and developments. We act for distressed borrowers as vendors, and by appointment of all major banks along with mezzanine financiers and corporate advisory firms to assist with Receiver and Manager and Mortgagee in Possession disposals, and ongoing real estate asset management and development.