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Our Expertise

Finance Litigation

Our Finance Litigation team advise clients on matters including insolvency, the conduct of banking and finance litigation, the enforcement of mortgage and other securities, the recovery of debts and the enforcement of judgments to maximise recovery for clients.

Under the direction of Principal Paul McCarthy, this type of work has been a significant part of the firm for many years.

Our team is highly experienced in all manner of recovery and enforcement matters and has significant expertise in:

  • Issuing debt recovery proceedings at all levels of Victorian and Federal Courts, together with Appropriate Dispute Resolution (“ADR”) where available
  • Advising on potential recoverability of debts, including advice about options where a judgment debtor may be insolvent
  • All aspects of enforcement of civil judgments, including asset preservation
  • Appearing on contested and uncontested winding up and bankruptcy proceedings including being substituted as applicant/petitioning creditor in winding up and bankruptcy proceedings which have been settled between the applicant creditor and debtor
  • Acting for creditors and debtors in connection with statutory demands – opposing applications to set aside and successfully making applications to set aside statutory demands
  • Acting for a range of parties in insolvency related matters, including bankruptcies, liquidations and appointments of receivers and managers and/or administrators
  • Acting on behalf of liquidators in bringing action against creditors in respect of preferential payments or voidable transactions including claims against the ATO for tax payments made by an insolvent company
  • Negotiations for resolution of proceedings, including documenting settlement and overseeing payment arrangements
  • Acting on behalf of clients opposing claims made by the liquidators in respect of an alleged preferential payment received.

Russell Kennedy undertakes both secured and unsecured collections for a range of banks and finance industry clients, including one of Australia’s four major banks and a range of financial institutions.  For some years we have acted as the Victorian component of a national collections syndicate, undertaking litigation recovery work for a number of large and medium sized lenders.