Gear & Co Lawyers

28/05/2026

Unpaid invoices don’t just affect cash flow; they can threaten business stability.

From letters of demand to court proceedings and enforcement action, there are structured legal pathways for recovering unpaid debts in Queensland.

Engaging a debt recovery lawyer early can improve recovery outcomes while ensuring compliance with legal requirements.

Our guide outlines how the process works — and when to act.

https://www.gearandco.com.au/debt-recovery-lawyer-small-business-australia/

We explain how debt recovery works, when you should engage a debt recovery lawyer, and the legal options available for Queensland businesses.

26/05/2026

Insolvencies may be rising, but liquidation isn’t the only outcome.

Australia’s corporate restructuring framework is designed around a “rescue culture”, giving distressed companies a genuine second chance.

From voluntary administration to small business restructuring and schemes of arrangement, there are formal pathways that may preserve value, protect jobs and avoid winding up.

If your business is under pressure, understanding your restructuring options is critical.

https://www.gearandco.com.au/saving-your-business-through-corporate-restructuring/

Insolvencies are on the rise. We share how to utilise corporate restructuring to rescue your business and avoid liquidation.

21/05/2026

Paid by a company shortly before it went into liquidation?

That payment could later be challenged as an unfair preference.

The law allows liquidators to recover certain payments made in the six months before liquidation — but only if strict legal criteria are met. There are also recognised defences available in some circumstances.

Our article explains how unfair preference claims work and what options may be open to you.

https://www.gearandco.com.au/defend-unfair-preference-claim/

If you have received a demand by a liquidator for an unfair preference claim, there are a range of defences which might be available to you.

18/05/2026

When managing personal insolvency, there are three distinct legal pathways under the umbrella of bankruptcy:

- Debt Agreements
- Personal Insolvency Agreements
- Bankruptcy

Each pathway provides a different approach to resolving debt, with unique requirements. Understanding which option is appropriate for your circumstances is a critical first step in regaining financial control.

Our article breaks down each pathway.

https://www.gearandco.com.au/managing-personal-insolvency-debt-agreements-and-bankruptcy/

13/05/2026

Are you clear on your duties as a director when financial pressure builds?

As a company approaches insolvency, a director’s responsibilities intensify, with an increased focus on protecting the interests of creditors. These obligations are fundamental under Australian law and require careful, proactive management.

A clear understanding of what is required and the steps that can be taken early is critical to managing risk and limiting potential personal exposure.

Read our latest article about the director's duties when facing insolvency.

https://www.gearandco.com.au/directors-duties-when-facing-insolvency/

07/05/2026

Why have you received a letter of demand?

In insolvency matters, trustees and liquidators are required to investigate financial affairs and recover assets for creditors, with letters of demand commonly issued as part of that process.

Claims may arise from preferential payments, uncommercial transactions, or dealings involving company funds or related parties. While receiving a letter does not necessarily mean the claim is valid, it should be taken seriously.

Read our article to learn more about what a letter of demand is and what steps you should take if you receive one.

https://www.gearandco.com.au/letter-of-demand/

05/05/2026

Company directors are not the only ones exposed in times of financial distress

In Australia, liability in insolvency matters can extend beyond those formally listed as directors.

Individuals who effectively control a company behind the scenes, often referred to as shadow or de facto directors, may also face personal accountability, particularly in cases of insolvent trading or breaches of directors’ duties.

For directors and those influencing company decisions, understanding these responsibilities is essential.

https://www.gearandco.com.au/shadow-director-vsde-facto-director/

16/02/2026

Received a letter of demand from a trustee or liquidator? Don’t ignore it.

These letters often arrive without warning, and they’re usually the first step in a formal recovery process following insolvency.

Whether you're a director, business owner or third party, it's critical to know what the letter means, why you’ve received it, and how to respond without worsening your position.

Our latest article breaks it down, including what steps to take, what not to do, and how to protect your rights.

You can read it here: gearandco.com.au/letter-of-demand

11/02/2026

Insolvent trading is one of the most serious risks company directors face in Australia.

If a business continues to trade while insolvent, directors can be held personally liable — with potential civil penalties and even criminal consequences.

Our article on Insolvent Trading FAQs explain the duties of a Director, the penalties for trading insolvent, and how to avoid it.

https://www.gearandco.com.au/insolvent-trading-faqs/

03/02/2026

When a company faces serious financial distress, directors are legally required to shift their focus — acting in the best interests of creditors, not just the company.

Failing to act early can lead to personal liability, disqualification, or even criminal charges.

Our latest article breaks down what the law expects of directors when insolvency is on the horizon, and the steps you can take to protect yourself and your business:

https://www.gearandco.com.au/directors-duties-when-facing-insolvency/