Do I have to repay the money?

Not necessarily. Many claims can be defended in full or in part. Do not pay or ignore the letter before we have reviewed it.

Is there a time limit for the liquidator?

Yes. Proceedings generally have to start within three years of the relation-back day, usually the day the winding up began, although the court can extend that time.

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.

A liquidator wants
the money back.

A liquidator can claim back payments a company made to creditors in the six months before it failed. Many claims can be defended or reduced. We assess yours and negotiate or defend it.

Book a free 15-minute call Call 03 8386 9502

Client reviews

Commercial law clients,
in their own words.

All 84 Google reviews

4.5★★★★★
Google rating from 84 client reviews
Every quote on this page is a public Google review, reproduced in the client’s own words. Read them all →
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 unfair preference claims.

Each of these is a good reason to call, and none of them is too early.

A liquidator has written demanding repayment of money you were paid.
A customer went into liquidation after finally paying your invoices.
You were paid under a payment plan before the company failed.
You kept supplying the company while it was paying old debts.

How we help

Payment for genuine work is not always a preference.

A payment can be clawed back as an unfair preference if it was made while the company was insolvent and gave you more than you would receive in the liquidation. For unrelated creditors, the liquidator can usually look back six months.

A claim can be answered by showing you received the payment in good faith, gave value for it and had no reason to suspect insolvency. Payments made as part of a continuing supply relationship are also treated differently. We assess the claim, the defences and the evidence, and negotiate or defend it.

What we do

Review of the liquidator’s claim and evidence
The good faith and running account defences
Evidence of what you knew about the company’s finances
Negotiated settlements with liquidators
Defending proceedings
Advice on reducing future risk in your terms of trade

Book a free 15-minute call

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.

What it costs

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.

Meet our people

Questions

Frequently asked questions

If your question is not here, it is a good reason for the free call.

Do I have to repay the money?
Not necessarily. Many claims can be defended in full or in part. Do not pay or ignore the letter before we have reviewed it.
Is there a time limit for the liquidator?
Yes. Proceedings generally have to start within three years of the relation-back day, usually the day the winding up began, although the court can extend that time.
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.