Insolvency · Melbourne & Victoria
Has your company received a statutory demand, have you received a liquidator’s claim, or are you concerned about the company’s ability to pay its debts? Law Flow assists directors and creditors in Melbourne and across Victoria with urgent insolvency advice. Corporate insolvency is principally governed by the Corporations Act 2001 (Cth), while the relevant court rules and practice requirements also matter. We identify the deadline, assess your position and scope the next step.
Is this you?
Insolvency law runs on hard deadlines and personal liability. The window in which advice is genuinely useful is almost always earlier than directors expect.
Any of these apply? A free 30 minute consultation to discuss your situation, identify apparent urgent deadlines and scope the next steps. Detailed advice may require document review. Call 0480 893 317 or request a call back.
Scope of work
We act for directors under pressure and for creditors trying to get paid. Knowing how the other side runs these matters is most of the advantage.
Time critical
Insolvency matters can involve short and strict deadlines. Different notices have different rules about service, response and extensions. Get advice as soon as a notice arrives rather than assuming the same 21 day rule applies to every situation.
An application under section 459G to set aside a statutory demand, together with the supporting affidavit, must be filed and served within 21 days after service of the demand. That application period cannot be extended. Failure to comply with a demand can give rise to a statutory presumption of insolvency in subsequent winding up proceedings. Seek advice immediately, even if you believe the debt is disputed.
A bankruptcy notice served in Australia generally requires compliance within 21 days. If you dispute it, seek urgent advice about a set aside application and any necessary extension of time. Bankruptcy notices have different procedural rules from company statutory demands, so do not assume that an application alone protects your position.
The 21 day period generally runs from when the ATO posts or leaves the notice, not when you read it. A director penalty can already have arisen before the notice is issued. The available remission options depend on the liability and reporting history, and appointing an administrator or liquidator will not remit every penalty. Obtain advice immediately.
Safe harbour may protect a director from certain insolvent trading liability while a qualifying course of action is developed and pursued. Eligibility includes conditions concerning employee entitlements and tax reporting. Seek advice early: safe harbour is not a general immunity from company debts, director penalties or personal guarantees.
Lawyer-led, AI-assisted
Insolvency arguments are built out of transaction data. Solvency analysis, preference calculations and running account defences all come down to reconciling long ledgers against dates. Done by hand that work is slow, expensive, and frequently too slow for a 21 day deadline.
Ledgers and statements are analysed at speed, so a genuine dispute or offsetting claim can be identified and drafted well inside the statutory window.
Running account and good faith defences turn on the transaction pattern. Reconstructing that pattern quickly often reduces a liquidator claim substantially.
The reason directors get advice too late is cost. A lower cost base means the solvency conversation can happen while safe harbour and restructuring are still open.
We use AI-assisted tools to support legal research, document review and initial drafting, with the work checked by the solicitor responsible for your matter. Combined with low office overheads, this helps us work efficiently and keep costs proportionate.
The time and cost involved depend on your matter’s complexity, documents and scope. We explain the proposed work and fees upfront, with fixed-fee options where the scope allows.
Tell us what you are dealing with and we will explain the proposed work and the fees before anything starts.
Book A ConsultationHow it works
A free 30 minute consultation with Tristan, Principal Solicitor, to discuss your situation, identify apparent urgent deadlines and scope the next steps. Detailed advice may require document review.
You get a written scope and a price for the next stage before any work starts. No open-ended retainer, no surprise invoices.
The documents, ledgers and authorities are processed at speed, then reviewed by your solicitor. This is the stage traditional firms bill hardest.
Advice, negotiation, drafting and advocacy are done by the lawyer with carriage of your file, and you deal with him directly throughout.
Cost
Insolvency advice is worth the most at exactly the point when money is tightest. We price it so that getting advice early is a realistic decision rather than a luxury.
A free 30 minute consultation to discuss your situation, identify apparent urgent deadlines and scope the next steps. Detailed advice may require document review.
Statutory demand responses, preference claim reviews and DPN advice are commonly quoted as a fixed fee.
Court work is quoted stage by stage, with an honest view on whether the recovery justifies the spend.
Your lawyer
Tristan Burt
Principal Solicitor
Tristan Burt is the Principal Solicitor of Law Flow. He works directly with clients to understand their position, identify the practical options and develop a strategy for resolving the dispute. Law Flow assists clients in New South Wales and Victoria, with consultations by phone or video and arrangements for court appearances explained at the outset. Tristan uses lawyer-supervised technology to support research, document review and drafting, while remaining responsible for the advice and conduct of your matter.
Common questions
Consultations are available by phone or video. We review your documents, advise on the applicable law and procedure, and explain how any required Victorian court appearance will be handled and priced before you engage us for that work.
No. An application under section 459G to set aside a statutory demand, together with the supporting affidavit, must be filed and served within 21 days after service of the demand, and that application period cannot be extended. Failure to comply with a demand can give rise to a statutory presumption of insolvency in subsequent winding up proceedings, so seek advice immediately, even if you believe the debt is disputed.
Not necessarily. Unfair preference claims are frequently overstated. The running account defence, the good faith defence, and errors in the relation-back period regularly reduce or defeat them. It turns on the transaction history, which is the first thing we analyse.
Generally no, with important exceptions. Insolvent trading under section 588G, director penalty notices for unpaid PAYG withholding, net GST and superannuation guarantee charge, personal guarantees and certain loan accounts can each create personal exposure. Working out which of those apply to you is usually the first thing we do.
Safe harbour may protect a director from certain insolvent trading liability while a qualifying course of action is developed and pursued. Eligibility includes conditions concerning employee entitlements and tax reporting, which are distinct requirements, and it depends on steps taken at the time rather than afterwards. It is not a general immunity from company debts, director penalties or personal guarantees. The earlier you ask, the more likely it is available.
Yes. We issue and enforce statutory demands, run winding up applications, represent creditors in administrations and deeds of company arrangement, and advise on proofs of debt and voting strategy.
Next step
Thirty minutes with the solicitor who would run your matter. Have the demand, notice or liquidator letter in front of you so we can discuss your situation, identify apparent urgent deadlines and scope the next steps.
