Restructuring Works has a strong technical focus and is often called upon to provide expert testimony in relation to a variety of insolvency related matters.
We are commonly instructed by lawyers acting for directors defending claims from liquidators and lawyers acting for trade indemnity insurers making claims for insolvent trading and other Insolvency Practitioners.
Restructuring Works are experienced in managing litigation and can assist, if required, in providing the expert evidence that can be used to facilitate a commercial settlement.
We have over 30 years experience experience acting in the following roles:
Insolvency Experts Report
- investigation and analysis of a company’s financial position and provision of an expert opinion on solvency
- review and analyse reports by liquidators as to the solvency of a company relied upon in pursuit of preference and other claims
- assessment of solvency prior to the appointment of a liquidator
Fraud and Accounting Investigation
- providing expert opinions involving allegations of fraud or accounting irregularities
- analysis and reconstruction of accounting records
- asset tracing
- expert accounting reviews
- financial investigations
- review of funds flow transactions
Litigation Support Services
- calculation of economic loss and financial effect arising under various scenarios in commercial/contractual disputes and for claims relating to professional advice
- reporting on the strengths and weaknesses of opposing expert’s damages report
- assistance with settlement discussions and negotiations
- attendance at trial to hear the testimony of the opposing expert and providing assistance with cross-examination
John Gibbons – Lead Partner
Fellow of Chartered Accountants Australia & New Zealand, Registered Liquidator, Voluntary Administrator, Member Association Independent Insolvency Practitioners
John has more than 30 years specialist experience in corporate recovery, restructuring and reorganisation. He was a Partner of one of the Big4 Accounting firms, Ernst & Young in the Transaction Advisory Services Division for 24 years and Leader of the firm’s National Corporate Restructuring practice.
Cliff Sanderson – Partner
Registered Liquidator, Voluntary Administrator, Chartered Accountant, Board Member of Association Independent Insolvency Practitioners, Member of Turnaround Management Association, Member Australian Restructuring Insolvency & Turnaround Association
Cliff is a corporate restructuring specialist with over 30 years of experience in Australia and internationally. He is the founder and Chief Executive Officer of Restructuring Works. In the last 10 years he has been appointed liquidator of over 700 companies. He was a Partner of Ernst & Young for 10 years.
John’s expert witness experience includes:
An investigation into the HIH Insurance group, preceding the collapse of the organisation, which exposed significant financial and structural issues within the group, This involved a group wide review of operations, structure, trading performance and financial position within a severely constrained time frame.
An investigative accountant’s report of a major national building services company for a Big 4 Australian bank. The assignment entailed undertaking a comprehensive review of the group’s trading performance, management capabilities, management information systems, working capital requirements and forecasts.
An investigative accountant’s report of a nationally operating company. The client was a major Australian bank.
The work involved a review of the Group’s financial forecasts as well as an assessment of the Group’s management capability, financial control environment and management information systems.
John was appointed by the NSW Supreme Court to conduct a forensic investigation into the circumstances surrounding a major defalcation in an Integrated Investment Fund. This involved an extensive tracing exercise on a significant number of transactions to determine their status and identify the impact of the fraudulent transactions on every participant in the Fund
On the basis of John’s detailed report which incorporated a comprehensive analysis of all movements within the fund, the Court accepted John’s recommendation for the distribution of the fund among the respective clients.
John has authored and given evidence in relation to Solvency Reports in a variety of industries, including Mining, Construction, Ins and Retail industries
Cliff’s expert witness experience includes:
- Investigating Accountant in a review of a purchasing fraud at a major Indonesian Conglomerate.
- Independent Financial Expert in a large Singaporean Court Case seeking damages in excess of $500m.
- Advisor to Counsel in the review of an opposing Expert’s Report on Insolvency in a Federal Court Preference action.
- Independent Expert assisting Counsel for the defence of a large preference claim against a syndicate of Australian Banks.
- Valuer and Independent Expert in the defence of an Insolvent Trading claim against a large listed Australian mining company.
Restructuring Law can be a complex area and circumstances vary, so we recommend a telephone call for your initial consultation. We will then gladly meet you or just confirm our advice and quote in writing.