Jason De Silva

Acting for businesses or directors/individuals:

• Advice
• Settlements
• Court action
• Business turnaround
• Asset and property protection
• Director Duties
• Business and asset/property restructuring
• Debt restructuring
• Debt collection and defence
• ATO negotiations and litigation (tax) – Director Penalty Notices (DPN)
• Defending / Adjourning winding-up applications
• Complex litigation: strategy, negotiations, Court work and advocacy (all Courts)
• Construction Litigation / Adjudication
• Property Development
• Mining services
• Defending Unfair Preference Claims
• Defending Insolvent Trading Claims
• Alternative Dispute Resolution, Mediation, Arbitration, Negotiation
• Personal Property and Securities Act (PPSA)
• Business sales
• Defending claims against directors and/or third parties by liquidators of insolvent companies
• Partnership disputes
• Shareholders claims, oppression proceedings
• General insolvency advice
• General Business advice
• Achieving sustainable continuity of business
• Deconstructing and legitimising DIY transactions
• Negotiations with creditors
• Securitisation including PPSA/PPSR
• General Commercial Litigation
• Debt assignments (sales)
• Winding-up applications (liquidations) and creditors petitions (bankruptcy action)
• Deceased estate / Wills disputes
• Intellectual property disputes, trademark enforcement and defence
• Contract reviews and disputes
• Securitisation
• Australian Financial Complaints Authority (AFCA) applications – previously Financial Ombudsman Service (FOS) applications
• Prosecutions / offences

Acting for Shareholders / Partners / Unitholders:

• Buy-outs
• Exit Agreements and share sales
• Disputes
• Negotiations
• Court actions, including Specific Performance, Winding-up applications (Just and Equitable Grounds), Shareholder Oppression
• Valuation disputes

Acting for Insolvency Practitioners (corporate and personal insolvencies):

• Advice – liquidators, voluntary administrators, DOCA administrators, receivers, Bankruptcy trustees, Part X trustees, Personal Insolvency Agreements
• Court work and advocacy
• Negotiation
• Public Examinations
• Voidable transaction proceedings (Insolvent Trading, Unfair Preference, Uncommercial Transactions, undervalue transactions, Unreasonable Director Related Transactions etc)
• Bankruptcy matters (Undervalue Transactions, Transfers to Defeat Creditors, real property claims, 139ZQ notices)
• DOCAs (including creditors trusts, security documents etc): strategy and preparation
• PIA’s – strategy, negotiation and preparation
• Adjournments of winding-up (to allow VA to continue)
• Costs approval applications
• Extension of convening periods
• Directions applications
• Debt Collection
• Applications to terminate liquidation
• Applications to convert liquidation to Voluntary Administration
• Personal Insolvency Agreements (PIA)
• Applications to set-aside PIAs
• Arrest Warrants under the Corporations Act 2001
• Phoenix activity advice, negotiation, and litigation

Commercial / Corporate client matters

• General advisory
• Contract reviews
• Negotiations and strategy
• Leases
• Shareholder agreements
• Director disputes
• Business sales / acquisitions / mergers
• Board advisory and strategy
• Loans
• Security – mortgages – caveats - PPSR

International client matters: 

• Italy – foreign judgment registration, international distribution agreement litigation, debt collection, customs, trademark dispute strategy and advisory
• Singapore - contract, Australian subsidiary, reconstruction, insolvency, voluntary administration and DOCA, alleged personal guarantee dispute and negotiations
• New Zealand - Foreign judgment registration under Trans Tasman Proceedings Act 2010 (Cth) and enforcement and advisory / strategy
• Cross border insolvencies

Creditor / Lender client matters: 

• Debt collection
• Negotiations
• Litigation
• Insolvencies - liquidations and bankruptcies and proofs of debt
• Liquidator and Bankruptcy Trustee disputes and claims
• Contract reviews and terms and conditions
• Security - mortgages – caveats – PPSR
• Security priority disputes
• Advice and strategy

Debtor / Borrower client matters: 

• Defences
• Bank and lender disputes
• Security disputes (mortgages / caveats / PPSR)
• Irresponsible Lending
• AFCA complaints
• Personal guarantees
• Negotiations
• Court action (defence)

ATO related matters:

• Advisory (including Director exposure to liability)
• Director Penalty Notices (DPN)
• General Interest Charge (GIC) remissions
• Penalty remissions
• Liquidations and Bankruptcies
• Disputes and Court actions
• Negotiations

Property client matters: 

• Property Development
• Contracts
• Disputes and Court action
• Security (mortgages / caveats / PPSR)
• Priority disputes
• Refinancing
• Release

Other matters:

• Debt collection
• Commercial Litigation
• Misleading or Deceptive Conduct
• Contract disputes
• Security disputes
• Settlement Agreements
• Trustee duties
• Director Duties
• Crypto disputes and scams