Business Insolvency
At BRI Ferrier, we have wide-ranging expertise with businesses that are, or may become, insolvent and need to be wound down in an orderly manner. This can involve all or just part of the business that has not been performing.
HOW WE CAN HELP
Our team of over 20 registered and liquidators acts for banks, company directors, business owners, legal advisors, creditors, investors and regulators.
Our experience includes insolvency situations in industries such as property and construction, energy, mining, retail, manufacturing, logistics, primary industry, and tourism and hospitality.
We listen to all stakeholders to understand their objectives and implement a strategy that maximises their returns. In this way, we protect creditors’ interests, maximise realisations, manage claims and, where appropriate, pursue recoveries.
The three main vehicles for achieving these outcomes are receivership, creditors’ voluntary liquidation and court liquidation.

Receivership
BRI Ferrier has acted for all of Australia’s first and second tier lenders as receiver and manager of distressed businesses.
As receiver, we take control of a specific asset or entire business that is subject to security, typically held by a bank, and take steps to realise the value for the best possible outcome to the secured creditor.
We collaborate with management, employees, unions, customers, suppliers and stakeholders to preserve and maximise the value of businesses. We act quickly and effectively to mitigate risks and achieve the best possible returns for secured creditors.
Past Experience:
Australia’s largest cashew farm
Bundaberg Retail Investment
Carefree Holdings
Timber Tech Engineering
Northeast Developments
Creditors' voluntary liquidation
BRI Ferrier may be appointed as creditors’ voluntary liquidator when an insolvent company’s directors and shareholders resolve to liquidate the company, or when creditors vote for liquidation following a voluntary administration.
Through a creditors’ voluntary liquidation appointment, we take control of the business to facilitate an orderly winding down of its operations and, where possible, provide a return to creditors.
The aim is to achieve the best outcome for creditors by:
- realising assets
- investigating affairs
- considering the sale of business
- reporting to ASIC and statutory bodies
- pursuing voidable recoveries
- mitigating directors’ exposure (through a timely director penalty notice).
Where possible, in a creditors’ voluntary liquidation appointment, we’ll facilitate the sale of the business so it can continue as a going concern to maximise return to creditors.
Past Experience:
Mothercare
Old Kiama Wharf Company
Venture Solutions Australia
Bas Phillips
Court liquidation
BRI Ferrier is regularly appointed by courts that determine a business is insolvent and that liquidation is required to protect the interest of creditors.
The appointment enables us to take control of the business and its affairs, allowing for an orderly winding down of operations and realisation of assets.
Various parties may initiate court action. They include creditors, shareholders, company directors and regulators.
There are two types of court liquidation – provisional liquidation and official liquidation.
Provisional liquidation
BRI Ferrier may be appointed as provisional liquidator after a creditor files an application for winding up a business and before the winding up order is made. This is an interim appointment that occurs when a creditor is concerned that a company’s assets are being transferred outside the business or are otherwise threatened. As provisional liquidator, we take control of the business and assets to preserve the status quo pending the hearing of the winding up application.
Official liquidation
A court may appoint BRI Ferrier as official liquidator, generally after a company fails to meet the demands of unsecured creditors. On appointment, we take control of a company’s business and assets. We thoroughly investigate the company’s affairs, assess all possible claims and provide timely insights into how the liquidation is likely to proceed. We then implement a strategy to realise the assets, commence liquidator claims, investigate company affairs and report to ASIC.
Past Experience:
Maya Catering
Nowra Shoe Barn
The Coffee Bean Shop
Andreones Lawyers
who we work with
Works closely with a range of business stakeholders, including financiers, solicitors, accountants & creditors, as well as the directors of businesses in financial distress.
Financiers
Empowering financiers with tailored solutions to secure their investments.
Solicitors
Partnering with solicitors to navigate complex legal landscapes with precision.
Accountants
Collaborating with accountants to ensure accurate financial management.
Creditors
Assisting creditors in recovering their dues efficiently and effectively.
Company Directors
Guiding company directors through financial distress with expert advice.