Fulfil your duties as voluntary administrator of a company

Fulfil your voluntary administration duties with legal precision.

The voluntary administration process is one of the most legally demanding roles in the insolvency landscape. An administrator who is appointed takes control of a company that may have complex financial arrangements, competing creditor claims, and directors who have their own interests in the outcome. The timeframes under the Corporations Act 2001 (Cth) are tight, the reporting obligations are substantial, and every procedural step is subject to potential challenge. We act as legal advisers to voluntary administrators, ensuring the process is conducted in accordance with the Act, the reports and recommendations are legally sound, and any complications are managed efficiently.

What is voluntary administration and what are an administrator's obligations?

Voluntary administration is a formal insolvency process under Part 5.3A of the Corporations Act 2001 (Cth) designed to give an insolvent or near-insolvent company a period of breathing space to consider its options. It typically results in a deed of company arrangement, winding up, or return of control to directors. The administrator is appointed by the directors or a secured creditor and takes full control of the company’s affairs. The role carries significant statutory obligations: convening and conducting creditor meetings, assessing the company’s financial position, investigating director conduct, providing creditors with a detailed report, and recommending the course of action in their best interests.

What is a deed of company arrangement?

A deed of company arrangement is a binding arrangement between a company and its creditors, negotiated during voluntary administration, that allows the company to continue operating while paying creditors an agreed return, typically more than they would receive in a liquidation. The deed is voted on at the second creditors’ meeting and, if approved, binds all unsecured creditors. The terms vary widely depending on what the company can offer and what creditors are willing to accept.

Can directors challenge a voluntary administration?

Directors who appointed the administrator have limited ability to challenge the administration once it commences. However, the court has the power to terminate a voluntary administration where it is established that the company is not actually insolvent, that the administration was commenced for an improper purpose, or that it is in the interests of creditors to do so. An administrator who receives a legal challenge from directors should immediately obtain legal advice.

Meetings conducted correctly.

Reports that withstand scrutiny.

Legal challenges handled.

Engage legal support before the first meeting.

The first days of a voluntary administration set the tone for everything that follows. Early legal engagement means you understand what is required before the first meeting, not after an issue has already arisen.

Every procedural step in a voluntary administration has legal consequences.

You have accepted appointment as voluntary administrator of a company with financial and legal complexity beyond a standard administration. Directors may not be cooperative, financial records may be incomplete, and there are competing creditor interests with very different views about the future of the company. You need legal support that allows you to discharge your obligations properly without exposing yourself to personal liability.

We will advise on your legal obligations.
We will assist with the preparation of meeting notices, reports to creditors, and deed of company arrangement documentation.
We will advise on the conduct of creditor meetings and the voting process.
We will investigate director conduct and advise on related-party transactions and preference claims.
We will respond to any legal challenge brought by directors, creditors, or other parties against the administration.

You are in control of the company — and the hard work is just beginning.

You accepted appointment as voluntary administrator following an approach from the company’s directors, who presented the administration as relatively straightforward. Within days of taking control, the picture has become more complex: related-party transactions that raise questions, a major secured creditor with strong views about the outcome, and at least one creditor who has retained lawyers and is applying pressure. The first creditors’ meeting is days away. You need legal advice you can trust to ensure the process is properly managed from here.

What's included in your voluntary administration legal support service

Voluntary administration obligations and compliance advice.
Creditor meeting notices, agendas, and reports.
Deed of company arrangement drafting and advice.
Director conduct investigation and related-party transaction review.
Court applications and creditor challenge response.

The legal risks in voluntary administration.

Voluntary administrations that are not properly supported legally are vulnerable at every stage. A defective notice of the first creditors’ meeting can give creditors grounds to challenge the conduct of the administration. An inaccurate or incomplete report to creditors can expose the administrator to personal liability. A deed of company arrangement that does not meet the Act’s requirements is invalid. And an administrator who makes decisions about creditor voting or related-party matters without legal advice risks those decisions being set aside by the court. The timeframes in voluntary administration are tight, and there is little room to correct errors after the fact.

Here is how we support you through every stage.

We engage at the point of appointment and advise on the key obligations and timeframes that govern the next few weeks. We assist with the preparation of the first meeting notice, the investigation of the company’s affairs, and the development of the administrator’s recommendation. We review the report to creditors before it is issued, advise on the voting process and the options to be put to the second meeting, and assist with deed drafting if a deed of company arrangement is proposed. Where complications arise, including a director application to the court or a creditor challenge to the voting outcome, we respond quickly and effectively.

How we guide you through the administration.

From appointment to resolution.

Understand your obligations.

We brief you on your Part 5.3A obligations, the relevant timeframes, and the specific legal issues arising from this administration, so you know what is required before the first meeting.

Manage the process.

We assist with meeting preparation, report drafting, deed of company arrangement negotiation, and creditor communications, ensuring the administration is conducted in accordance with the Act at every stage.

Resolve the outcome.

We advise on the options presented to creditors at the second meeting, assist with deed execution or transition to liquidation, and ensure any challenge to the outcome is properly managed.

Experienced insolvency lawyers who act for voluntary administrators.

We have supported voluntary administrators through complex administrations, including matters with contested deed proposals, director-initiated legal challenges, and creditor meetings where outcomes were genuinely contested. Our lawyers understand the Act’s requirements in depth and know how to manage the intersection of competing interests that is at the heart of every voluntary administration. When the process gets difficult, we provide the legal clarity you need to act confidently.

We understand you want to know the cost, before we get started.

We will map out our process, from beginning to end, so you know what the journey will look like before you get started.

We will provide you with a clear and detailed Work Proposal covering each step along the way.

Our fair fees are all-inclusive. No hidden costs for telephone calls, emails, photocopying, couriers, or coffee.

Our great lawyer guarantee

We want to be part of your team over the long term. We achieve this by adhering to these core principles:

Take the time

We listen carefully to understand what you want to achieve. Then we thoroughly explain our advice and step you through the documents. You can be sure you know the full consequences.

Share our knowledge

We will pass on as much knowledge as we can, so you can make your own informed decisions. We want to make you truly independent.

Stick to our knitting

We only do what we're good at. You can be confident that we know what we're doing and don't pass on the cost of our learning.

Work as one team

Someone will always be available to answer your questions, or point you in the right direction. You will also benefit from a range of perspectives and experience.

Fair pricing

For advice and documents, we provide a fixed or capped quote so you don't take price risk. If you're in a dispute, we map out the process and costs so you know what to expect.

It's your show

We're not in this for our egos. We're in it for a front row seat to witness your success.

Discharge your administration duties with confidence.

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