Clear advice
when the company is struggling.
When a company cannot pay its debts as they fall due, directors face personal risk and hard decisions. We advise directors on their duties and options, and creditors when a company fails.
Client reviews
Commercial law clients,
in their own words.
We engaged Joshi Lawyers for a business purchase and found them to be very professional, dedicated and helpful. Dinesh has a significant degree of knowledge in business and commercial law matters. We were advised about everything in detail and kept informed about our matter’s progress at each stage.
Anqi HuangBusiness purchase · Google review, 2017 Our first experience in Australia using any lawyer. All advice given was very fair and to the point. It was them who suggested the statutory demand process, which we used for a speedy recovery, and it worked.
GNS Group AustraliaDebt recovery · Google review, 2023 Dinesh solved my dispute in 4 months where the other lawyer I had prior took 12 months giving me no foresight on my case. Dinesh has a clear foresight in his cases and closes all objections with ease and makes you aware of your standing.
Dheeraj WadhwaniBusiness dispute · Google review, 2018 From business settlements to my recent land settlement, they have never failed to impress me. Thank you Dinesh and your team for taking the stress from us and dealing with all sorts of issues and disputes very professionally.
Aarti AroraBusiness owner and investor · Google review, 2017
Is this you?
When people come to us about corporate insolvency.
Each of these is a good reason to call, and none of them is too early.
- The company is behind with suppliers and the tax office.
- You are a director and worried about trading while insolvent.
- A customer has gone into liquidation owing you money.
- An administrator or liquidator has written to you.
How we help
Early advice keeps more options open.
Directors have a duty to prevent a company trading while insolvent, and can be personally liable if it does. Acting early opens options that disappear later, including the safe harbour, restructuring with creditors, voluntary administration and the small business restructuring process.
We advise directors on where they stand, work with registered liquidators and restructuring advisers, and act for creditors in liquidations and administrations.
What we do
- Advice to directors on insolvency and their duties
- Safe harbour and restructuring options
- Voluntary administration and liquidation
- Small business restructuring
- Creditor claims in liquidations and administrations
- Liquidator claims against directors
What happens first
Your first week with us.
A matter should feel different from the first call. This is what you can expect before anything is signed or sent.
The first call: what the real question is
Most commercial matters turn on one or two points. We find them first, so the work goes where it counts.
Within the week: a strategy and a written estimate
What a good outcome looks like, how we propose to reach it, and what it will cost, before any letter is sent.
Deadlines first
Statutory demands, court documents and notices carry short time limits. We deal with those before anything else.
From then on: one senior lawyer
You deal with the same lawyer throughout, and you are told early if anything changes.
Your team
Who you will deal with.
Matters are run by the people below, not handed down.
Questions
Frequently asked questions
If your question is not here, it is a good reason for the free call.
Can I be personally liable for the company’s debts?
Directors can be liable for debts incurred while the company is insolvent, and for some tax debts. Early advice can reduce or avoid that risk.
Should I put the company into administration?
Sometimes that is the right step, and sometimes there is a better one. We help you weigh the options with a registered liquidator before you decide.
What does it cost?
Most document work (leases, agreements, structures) is quoted as a fixed fee from the outset. Debt recovery is staged: a fixed fee for the letter of demand and for a statutory demand, then a written estimate for any court step. Larger matters such as a business sale or a contested proceeding are scoped and estimated in writing before we start, and you are told early if anything changes.
More in debt recovery and insolvency
View all commercial law- Debt recoveryLetters of demand, payment plans, statutory demands and court claims for unpaid invoices and loans.Read more
- Statutory demands and winding upStatutory demands served and defended, and winding-up applications in the Supreme Court.Read more
- Bankruptcy notices and petitionsBankruptcy notices and creditor’s petitions to recover judgment debts from individuals.Read more
- Enforcing judgmentsWarrants, attachment of earnings and debts, and examinations, to turn a judgment into payment.Read more
- Personal insolvencyAdvice for individuals with debts they cannot pay, including alternatives to bankruptcy.Read more
- Director penalty noticesAdvice for directors who receive a director penalty notice from the ATO, within the deadline that matters.Read more
Tell us what is going on. We will tell you where you stand.
A free 15-minute call. If it is a matter for us, you are booked in with the right solicitor before the call ends. If it is not, we will say so.