How We Help

Dispute Resolution

Unlock the deadlock of disputes

Settle a dispute with a third-party or internal parties to find and enable fair and acceptable outcomes. Engage experts with a unique acumen and niche qualifications who want to listen to your story, without judgement, to offer proven pathways out of the deadlock of disputes.

How we can help

Without fear or favour

Conflicts and disputes are the bedfellows of business and asset ownership. Finger pointing between business partners—about who funded this, who contributed that—often arise when directors or business partners are dealing with the stresses of financial difficulties and economic uncertainty. Similarly, when relationships break down and people want to deal with property differently they can find themselves in a deadlock.

Statutory trustees

A dispute between on or one co-owners of real property can appoint a statutory trustee through the court to administer the sale and distribute its proceeds.

Court-appointed receivers & managers of partnerships

When partners in dispute they can apply to court to relinquish some of their powers to empower a receiver & manager to take over business operations. The court appointment and order outlines what elements and duties are at play in response to the particular circumstances.

Court-appointed receivers of property

Secured creditors, such as a mortgagee, can turn to the court to appoint a recovery of property when they consider their interest in a property might be at risk due to disputes—or simply the writing is on the wall about the loan serviceability.

Deceased estates

A deceased estate can be insolvent (unable to pay its debts) and the executors can appoint an independent expert to deal with creditor and family pressures/disputes.

Background

Types of disputes

Many scenarios can spark an ugly or problematic dispute. It can manifest from passive-aggressive behaviour to full on aggression. These disputes dynamics are damaging to business operations or output; equally it's damaging to asset management and ownership.

Often it comes out of differing or changing viewpoints on the way things should be done or dealt with. More often it comes out of a lack of documentation.

Case study

The theory and reality of deceased estates

Dealing with the unknown in the face of a death and the debt left behind, is a stressful time. This case study gives some guidance into how an insolvent deceased estate can become a bankrupt estate, thereby relieving the executors of the stress and challenges associated with the deceased’s creditors. This case study also exemplifies how the events leading up to a person’s death can be unwound to show what transactions, assets, and preconceived ‘protected’ money can be available to creditors in an insolvency administration appointment, after the death of a debtor.

Many people wrongly assume that when a person dies, all their financial dealings die too. This is incorrect—a person can be made bankrupt and their financial affairs can be investigated after they die.

In deceased estates with no assets or very few assets to distribute to creditors, administering it under State and Territory laws may be the easiest approach (subject to obtaining advice). This would likely involve notifying creditors that no assets are available to pay the deceased’s debts and therefore request creditors to write off their debts. 

Independent expert

An independent expert is appointed to deal with the deceased estate and relieve the executors from dealing with creditor and family pressure. Creditors usually prefer an independent trustee to administer the estate.

Recoveries enabled

The Bankruptcy Act 1966 provisions might enable recoveries such as—undervalued transactions, transfers to defeat creditors, and preferential payments—that might not otherwise be available.

We're here to help

We speak with people and their advisors every day. We do this as complimentary and without expectation.

Jason Bettles

Principal, Gold Coast, Northern NSW

Jason Bettles

Principal, Gold Coast, Northern NSW

Aaron Lucan

Principal, Western Sydney, Central West

Aaron Lucan

Principal, Western Sydney, Central West

Stephen Hundy

Principal, Canberra, Wollongong

Stephen Hundy

Principal, Canberra, Wollongong

Matthew Kucianski

Principal, Melbourne, Ringwood

Matthew Kucianski

Principal, Melbourne, Ringwood

T: 03 9613 5518

F: 03 9613 5599

EMAIL Matthew

Mervyn Kitay

Principal, Perth

Mervyn Kitay

Principal, Perth

Business can be tough

Our team is focused and ready to help

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