PRACTICE AREAS

Insolvency & Restructuring

Hegarty Legal’s founding Principal Peter Hegarty was previously a partner at a large Australian Law firm and is recognised as a leading insolvency and restructuring lawyer, having successfully prosecuted some of Australia’s most significant insolvency cases. By instructing Hegarty Legal you have the benefit of specialist advice not normally available outside larger law firms, without the inevitable conflicts of interest which are suffered by those firms.

Some of the insolvency and restructuring experiences of the team at Hegarty Legal are:

  • Acting for the successful plaintiffs in the Maiden Civil case, being Australia’s first major decision concerning the operation of the Personal Properties Securities Act 2009 (Cth).

  • Advising directors and shareholders of companies in financial distress as to their strategic restructuring options.

  • Providing specialist advice to insolvency practitioners with respect to complex corporate insolvencies, including making urgent applications for directions on their behalf.

  • Appearing as advocate in the conduct of public examinations in both the bankruptcy and corporations jurisdictions.

  • Developing and implementing successful restructures of entities in financial distress, including the development of Deed Proposals, including successful back door listings of entities listed on the ASX.

  • Successful prosecution or defence of voidable transaction recovery proceedings.

  • Advising and assisting trustees in bankruptcy in respect of realisations sought by them.

  • Making an application on behalf of the Deed Administrators in the matter of Bluenergy Limited (Subject to a Deed of Company Arrangement), in a matter the subject of great discourse in the insolvency profession as to the effect of Deeds of Company Arrangement on the rights of secured creditors.

 

Commercial Litigation

Hegarty Legal are known as robust commercial litigators who provide legal solutions for clients involved in a range of complex litigation and dispute matters.

Our clients include public and private corporations, government agencies, partnerships and individuals.

Our litigation and dispute resolution services include:

  • Corporations law matters including shareholder disputes, oppression proceedings and breach of director duties claims.

  • Complex multi party litigation.

  • Obtaining urgent interlocutory relief including asset freezing orders and search and seizure orders and enforcing those orders.

  • Competition and consumer law.

  • Insurance litigation.

  • Product liability.

  • Property law disputes including disputes between landlord and tenant and disputes over equitable entitlements over real property.

 

Commercial & Corporate 
Transactions and Re-Organisations

Hegarty Legal have the expertise to assist in all manner of commercial transactions. Our lawyers have an established track record in ensuring our clients commercial objectives are paramount through whatever the commercial assignment may be.

Our experience includes:

  • Merger and acquisition transactions.

  • Corporate transactions requiring advice in relation to share issues, capital raisings, oppression on minority shareholder issues, ASX listing rules, ASIC requirements, director duties, share buy backs and takeovers.

  • Many different types of commercial contracts, including shareholder agreements, supply agreements, distribution agreements, technology licensing and joint ventures.

  • Tax advice on a wide range of topics including structuring transactions, advising and implementing cross border investment structures, employee equity schemes, GST, CGT, charities, FBT and state taxes.

  • Corporate governance advice.

 

Regulatory Investigations and Compliance

Hegarty Legal provide assistance and advice to insolvency practitioners, auditors and directors the subject of ASIC investigations and prosecutions. Our approach is a pragmatic one aimed at achieving the best possible outcome for our clients whatever the circumstances may be.

Our experience includes:

  • Appearing for directors in show cause hearings before ASIC under section 206F of the Corporations Act 2001 (Cth).

  • Representing insolvency practitioners the subject of professional misconduct allegations.

  • Advising and assisting corporates and their directors in complying with their regulatory obligations.

  • Advising with respect to Notices to Produce issued by ASIC.

  • Advising insolvency practitioners in relation to compliance obligations.