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Insolvency & Bankruptcy

Searching for a bankruptcy lawyer Brisbane? Our insolvency and bankruptcy team provides practical advice to individuals and businesses across Brisbane and Queensland facing financial difficulty. We help you understand your options for personal bankruptcy Brisbane, voluntary administration, debt agreements, and creditor negotiations to achieve the best possible outcome. Whether you are considering bankruptcy, entering a Part IX debt agreement, or facing ATO creditor action, our experienced solicitors provide clear guidance every step of the way.

Financial distress can be overwhelming, but you do not have to face it alone. Our team provides clear, practical advice to help you understand your options and make informed decisions about bankruptcy, personal insolvency, and debt agreements. We serve clients throughout Brisbane, the Gold Coast, and Queensland who are struggling with unmanageable debt and need experienced legal guidance. If you are searching for a bankruptcy lawyer Brisbane, you likely have pressing questions about what bankruptcy means, how it affects your assets and superannuation, and whether alternatives like debt agreements or personal insolvency agreements are available. Our solicitors answer these questions and provide tailored advice based on your specific financial circumstances. Personal bankruptcy Brisbane can be a daunting prospect, but it is sometimes the most practical path to a fresh start. We guide you through the entire process—from filing a debtor’s petition with AFSA to managing trustee communications and understanding your ongoing obligations. We also advise on alternatives such as personal insolvency agreements under Part X of the Bankruptcy Act 1966 (Cth) and debt agreements under Part IX, which may allow you to avoid bankruptcy altogether while still resolving your debts. For business owners, voluntary administration under the Corporations Act 2001 (Cth) offers a pathway to restructure or wind up an insolvent company. We advise directors on their duties, insolvent trading risks, and restructuring options, including small business restructuring under the simplified liquidation pathway and creditors’ voluntary liquidation. We also assist with setting aside statutory demands, responding to director penalty notices from the ATO, and negotiating with secured creditors. Our goal is to help you make informed decisions that minimise the impact on your personal and financial situation while protecting your long-term interests. Whether you need a bankruptcy lawyer in Brisbane for personal advice or a voluntary administration solicitor for your business, our team is here to help.

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Our Insolvency & Bankruptcy Services

  • Bankruptcy advice and petition response
  • Debt agreements and personal insolvency
  • Creditor negotiations and repayment plans
  • Insolvent trading advice for directors
  • Voluntary administration and liquidation
  • Small business restructuring
  • Asset protection strategies
  • Secured creditor enforcement
  • Setting aside statutory demands
  • Recovery of preferences and unfair loans
  • Director penalty notices
  • Bankruptcy trustee disputes
  • Personal insolvency agreements
  • Annulment of bankruptcy

Insolvency & Bankruptcy FAQs (Queensland Law)

What is the difference between bankruptcy and insolvency in Queensland?

Insolvency is the financial state where a person or company cannot pay their debts as they fall due. Bankruptcy is a formal legal process for individuals who are insolvent. For companies, the equivalent is liquidation or voluntary administration. Each has different rules and consequences.

How do I declare bankruptcy in Queensland?

To declare bankruptcy in Queensland, you lodge a debtor's petition with the Australian Financial Security Authority (AFSA). Bankruptcy typically lasts 3 years and 1 day. You should seek legal advice before declaring bankruptcy, as it has significant consequences for your assets and credit rating.

Can I keep my house if I go bankrupt in Queensland?

Whether you can keep your house in bankruptcy depends on the equity you have. If there is significant equity, the trustee may sell it to pay creditors. However, if the equity is low or negative, the trustee may decide it is not worth realising. We advise on asset protection strategies.

Related Practice Areas

Corporate Insolvency

When a company faces financial distress, timely advice and decisive action can make the difference between survival and liquidation. Our corporate insolvency team advises directors, creditors, and stakeholders on options for financially troubled companies, including voluntary administration, deeds of company arrangement, and liquidation processes under the Corporations Act 2001.

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Personal Bankruptcy

Personal bankruptcy provides a legal process for individuals who cannot pay their debts to obtain relief from creditor pressure while ensuring a fair distribution of available assets. We advise individuals on the alternatives to bankruptcy, the bankruptcy process itself, and strategies for financial recovery after bankruptcy.

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Creditors' Statutory Demands

A statutory demand is a powerful tool for creditors to recover debts from companies. If the company fails to comply within 21 days, it is presumed insolvent, and the creditor may apply to wind up the company. We advise both creditors issuing demands and companies defending them on their rights and obligations under the Corporations Act 2001.

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Voluntary Administration & Liquidation

Voluntary administration provides a mechanism for financially distressed companies to restructure or achieve a better outcome for creditors than immediate liquidation. We advise directors, creditors, and administrators on the voluntary administration process, deed of company arrangements, and liquidation procedures under the Corporations Act.

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Director Advisory & Safe Harbour

The safe harbour provisions under section 588GA of the Corporations Act provide directors with protection from personal liability for insolvent trading if they are developing a course of action that is reasonably likely to lead to a better outcome for the company. We advise directors on accessing safe harbour protections and navigating the path to company recovery.

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Last updated: July 2026

Our Approach to Insolvency & Bankruptcy

We take a strategic, solution-oriented approach to insolvency matters. We begin by thoroughly assessing your financial situation and exploring all available options. Whether through negotiation with creditors, formal debt agreements, or bankruptcy proceedings, we work to achieve the best possible outcome for your circumstances.

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