Family Law and Insolvency Intensive
Gain a fresh understanding of insolvency at different stages of Family law proceedings – before, post separation & after. Understand how a liquidator or trustee might intervene in proceedings & learn what your client’s best options are and where practitioners have come unstuck with real life scenarios. This intensive brings together a diverse panel of experts to highlight the impact of corporate and personal insolvency on family law proceedings and on the property and assets within the marital pool. 228N06
Description
Attend and earn 4 CPD units in Substantive Law
This program is applicable to practitioners from all States & Territories
Refresher on corporate and personal insolvency laws
Learn how to deal with bankruptcy before separation, post separation and after
Understand what an external administration means and its impact the marital pool
Know when and how can the Liquidator or Trustee in Bankruptcy can intervene
Learn how to deal with the Liquidator and Trustee in Bankruptcy
Real life scenarios and common traps
This intensive will guide you through the following areas:
How Bankruptcy is Dealt with at Different Stages
- What vests in the Trustee in Bankruptcy? How is super dealt with in an insolvent estate? Does the Trustee have the rights to the Super?
- Can non-bankrupt spouse make a claim against the marital property and for how much? What are the rights of the Trustee to get access to property that is owned by a non-bankrupt spouse?
- What happens to property that is in non-bankrupt name and in the bankrupt’s name
Differences in the Stages in External Administration: What it Means and impacts on the Pool
- Dealing with loan accounts in the context of corporate insolvency and family law proceedings: How they dealt with?
When and how can the Liquidator and/or Trustee in Bankruptcy intervene in Proceedings
- Role of the Receiver/Liquidator and/or Trustee in Bankruptcy in actual proceedings
- Dealing potential voidable transactions: related party, unfair preference, transaction to defeat creditors
How to Deal with Liquidators or Trustees in Bankruptcy
- Annulments in Bankrupts: how to achieve them and why would you consider it
- What is transmission of property and when does it occur? Why it is important to start negotiating with the liquidator and trustee before transmission has happened. What are the potential tax implications?
Dealing with the Liquidator and Trustee’s Costs: Do they have a claim on the asset pool?
‘The War Stories’: Where Practitioners Commonly Come Unstuck
Facilitator:
Cathie Blanchfield, Principal, Blanchfield Nicholls Family & Private Advisory
Presenters:
Colin Brown, Partner, O’Neill Partners
Jim Johnson, Barrister, Frederick Jordan Chambers
Daniela Naidenov (Fazio), Principal, Daniela Fazio Lawyers
Lily Nguyen, Partner, Lander & Rogers
Alice Ruhe, Partner, SMB Advisory; Registered Trustee in Bankruptcy and a Registered & Official Liquidator
Presenters
Cathie Blanchfield
Cathie was admitted as a solicitor in New South Wales in July 1988. She was appointed a partner with Stuart Fowler and Partners in 2000, and in 2007 established Blanchfield Nicholls with Nigel Nicholls. For over 30 years Cathie has practised exclusively in family law and related matters. Her work has focussed on primarily financial and property matters for married, de-facto and same sex couples. She is expert in resolving complex family financial arrangements and has extensive experience in dealing with parenting matters. Cathie has developed a particular interest and expertise in drafting and advising on Financial Agreements, and this has become a significant part of her practice. Cathie has been recognised as a Leading Sydney Family & Divorce Lawyer since 2016, a Recommended Family & Divorce Lawyer (Australia) since 2017 as well as a Leading Family Lawyer (High-Value/Complex Property Matters) – NSW in 2019, by the independently researched and peer nominated Doyles Guide.
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.
Jim Johnson
Jim Johnson was admitted to the Bar in August 1991 having practised as a solicitor since 1975. He is currently also a casual lecturer at UTS in the insolvency elective. Jim has lectured extensively in relation to insolvency topics over the last 20 years including interrelationship and crossover between deceased Estates and bankruptcy and family law and bankruptcy. Whilst his practice is generally regarded as personal and corporate insolvency that brings into play most areas of general commercial securities and conveyancing practice.
Daniela Naidenov (Fazio)
Daniela is a Solicitor specialising in personal insolvency, with a particular passion concerning the interaction between bankruptcy and family law. Daniela is highly regarded amongst Bankruptcy Trustees for her commercial, yet firm approach. Daniela founded Daniela Fazio Lawyers in 2015. Holding significant experience acting for Trustees in Bankruptcy, Liquidators, Trustees for Sale, Court appointed Receivers, secured creditors, bankrupts and debtors, Daniela offers proven success supporting corporate clients as well as lay clients to bring finality to all matters efficiently, cost effectively and as expeditiously as possible. Daniela is a Solicitor admitted to practice in New South Wales and has attained the qualifications pursuant to the National Mediator Accreditation System (NMAS) to become a qualified Mediator. Daniela is also an Accredited Mental Health First Aider by Mental Health First Aid Australia. Daniela has the technical skill and knowledge which is well beyond her years. She has over 17 years of experience working in a niche area of the law which only a few know as well as she does. In her spare time, Daniela is a passionate community advocate for mental health and a Speaker/ Ambassador for Beyondblue. As a result, Daniela and her firm have a tailored approach for managing those complex matters involving not only technical legal argument but concerns regarding the mental health of the opponents.
Lily Nguyen
Lily is an experienced and skilled litigator and negotiator, advising her clients on a range of commercial, insolvency and financial disputes. She provides strategic, candid and pragmatic advice to her clients as she seeks the best commercial outcome for them. Lily's advice is always highly strategic given her detailed knowledge of relevant legislation. She acts for a range of clients including companies, directors (and their spouses and related entities), creditors receivers and managers, liquidators, administrators, and trustees in bankruptcy. Lily’s experience is vast and includes complex disputes and advisory work including voidable transactions claims, insolvent trading claims, restructuring, business and asset sales, fraud investigations and prosecutions, and acting for regulators in pursuing various legislative breaches. She is a member of the International Women's Insolvency and Restructuring Confederation; the Australian Institute of Credit Management; and the Law Institute of Victoria. Lily has been recognised in Best Lawyers in Australia for her expertise in Insolvency and Reorganisation Law.
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. Alice believes that in most instances early diagnosis and accurate prognosis can foster the best results. “All too often, good businesses go by the wayside because the early signs of potential distress have been ignored, or worse, have not been identified at all”. Alice has had experience dealing with administrations involving the building, hospitality, information technology, accounting, legal, medical, retail and various other industries. Alice is a true believer in providing clear and relevant communication to stakeholders and acknowledges that more often than not “things are not always quite as they seem”.
Venue
Cliftons - Margaret St
Level 13, 60 Margaret St
Sydney 2000
NSW
Australia
Parking not included with registration. Possible options:
Met Centre, Jamison St - Rates Click here
Amora Hotel - Rates Click here
Secure Park 20 Bond St - Rates Click here