Practice Areas

Insolvency

Insolvency

Our history of funding insolvency claims stretches back to Australia in the late 1990s. The cases we fund include complex international fraud and asset tracing (frequently with an offshore dimension), insolvent trading claims, transactions at an undervalue, claims for unfair preference or breach of fiduciary or contractual duty.

Key criteria: We offer funding where the claim size is greater than US$1m and the budgeted costs to bring the claim are less than 10% of the claim size but, in certain circumstances, we will consider claims of lower value.

We work closely with restructuring and insolvency practitioners and their preferred legal team to provide investigation, funding and management services designed to restore value to the creditors' estate, whilst minimising litigation risk.  

Our funding can be used to cover some or all of the insolvency practitioner fees, legal fees, disbursements, such as counsel, expert and court fees, and the risk of meeting adverse costs and security for costs orders.

In certain cases, we also offer "seed funding" to assist with establishing legal claims identified in the course of investigating the affairs of companies, including to conduct liquidator’s examinations, obtain counsel advice and other expert reports.