Insolvency in 2022: Key Issues in Corporate and Personal Insolvency
Spend the afternoon with an interdisciplinary panel including a Registered Liquidator & Trustee and legal & restructuring experts as they examine in-depth the latest developments in corporate and personal insolvency. Delve into some of the common myths and misconceptions around unfair preferences and defences, voidable transactions, and property claims when insolvent and insolvent trading. Plus, gain a practical insight into the recent cases, the latest regulatory updates and much more. WEB223N38
Description
Attend and earn 4 CPD units in Substantive Law
This program is applicable to practitioners from all States & Territories
Chair: Colin Brown, Partner, O’Neill Partners
1.00pm to 1.55pm Unfair Preferences and Defences
- Position under the standard liquidation
- Changes under the simplified liquidation reform: s588FA and s588FE
- Payments by third parties to an unsecured creditor
- Defences
- Running account defence
- Ultimate effect
- Good Faith
Presented by Marc Rossi, Partner, Hicksons
1.55pm to 2.40pm Voidable Transactions and Other Property Claims in Insolvent Situations
- Unreasonable director related transactions
- Uncommercial transactions
- Transactions to defeat creditors
- When is superannuation not protected in bankruptcy?
- Claims against assets not in the company/bankrupt’s name
- Constructive/resulting trust claims
- Commercial settlements of voidable transactions
Presented by Alice Ruhe, Partner, SMB Advisory; Registered Trustee in Bankruptcy and a Registered & Official Liquidator
2.40pm to 3.25pm Insolvent Trading
- Insolvent trading: an overview
- Trading whilst insolvent: duties of directors
- Voluntary administration and deed of company arrangement and interaction with insolvent trading provisions
Small Business Restructuring regime
- A summary and review after SMR’s first year anniversary
Presented by Matt Mullen, Director, Financial Advisory and Restructuring Advisory, Grant Thornton
3.25pm to 3.40pm Break
3.40pm to 4.30pm Recent Cases and Regulatory Update
Presented by Stacy Miller, Partner, Cronin Miller
4.30pm to 5.15pm Practical Panel Analysis: Real Life Scenarios and Common Myths
Facilitator:
Colin Brown, Partner, O’Neill Partners
Panellists:
Stacy Miller, Partner, Cronin Miller
Matt Mullen, Director, Grant Thornton
Marc Rossi, Partner, Hicksons|
Alice Ruhe, Partner, SMB Advisory; Registered Trustee in Bankruptcy and a Registered & Official Liquidator
Presenters
Colin Brown
Colin specialises in the areas of insolvency and reconstruction and commercial litigation. A member of the Australian Restructuring Insolvency and Turnaround Association (ARITA), Colin acts for secured and unsecured creditors, commercial entities, administrators, liquidators, bankruptcy trustees and other insolvency practitioners across a range of industry sectors, as well as advising individuals, boards and company directors on all aspects of insolvency law. Colin also acts for private and corporate clients involved in a broad range of commercial disputes, particularly in respect of contractual and commercial transaction, resolving a number of large and complex commercial disputes for the firm’s clients.
Alice Ruhe
Alice has practised in the Insolvency and Corporate Recovery Industry for over 15 years and is a Registered Trustee in Bankruptcy and a Registered Liquidator. Alice is a member of both the Chartered Accountants Australia and New Zealand and the Australian Restructuring Insolvency and Turnaround Association (ARITA) and has experience in all forms of corporate and personal insolvency administrations.
Matt Mullen
Matt is a Chartered Accountant who is currently a Director within the Financial Advisory. Recovery & Reorganisation division in the Grant Thornton Australia Limited Cairns office. Matt has worked in the insolvency and restructuring professional services sector for over 16 years in both Australia and the United Kingdom which has allowed him to gain invaluable experience across a wide range of engagements. Matt's role with Grant Thornton Australia Limited offers him the opportunity to work in both the personal and corporate insolvency areas including all types of formal engagements.
Stacy Miller
Stacy Miller has practiced exclusively in the areas of commercial litigation, insolvency, debt recovery and dispute resolution since her commencement of practice in Queensland in 2003. She has been a partner of the Gold Coast based specialist commercial litigation and insolvency firm, Cronin Miller Litigation, since 2014.
Marc Rossi
Marc is a Partner at Hicksons with a focus on recoveries, insolvency, restructuring, financial services, securities enforcement, LMI & title insurance, and commercial litigation and dispute resolution.