Debt Recovery, Insolvency and Bankruptcy Skills Forum
To sue or not to sue… Attend this seminar and hear from the experts on the factors to consider when commencing debt recovery proceedings. Gain insights into the latest new developments to bankruptcy and insolvency laws as well as the options you should think about if your client is facing financial hardship. WEB229V07
Description
Attend and earn 3 CPD units including:
2 units in Substantive Law
1 unit in Practice Management & Business Skills
This program is applicable to practitioners from all States & Territories
Chair: Sam Kingston, Partner, Maddocks
2.00pm to 2.05pm Opening Comments from Chair
2.05pm to 3.00pm An Overview of Efficient Debt Recovery Methods
- Summary procedures
- Enforcement mechanisms
- Common issues and practical considerations
Presented by Alex Campbell, Barrister, Owen Dixon Chambers West
3.00pm to 4.00pm Practical Update on Bankruptcy and Insolvency
Presented by John Dunne, Principal, John Dunne & Associates
4.00pm to 4.10pm Break
Practice Management & Business Skills
4.10pm to 5.10pm Options for Clients in Financial Distress
- Negotiating with creditors
- Entering safe harbour
- Voluntary administration
- Liquidation
- Guarantees, bankruptcy and personal insolvency agreements
Presented by Joshua Kohn, Barrister, Lonsdale Chambers
5.10pm to 5.15pm Q&A and Closing Comments
Presenters
Sam Kingston
Sam specialises in insolvency and restructuring, working with clients in all aspects of external administrations, security enforcement and insolvency dispute resolution. He has acted for clients in a wide range of industries in large scale court proceedings involving complicated insolvency issues and Personal Property Securities Act 2009 (Cth) claims.
Sam also has extensive experience in a diverse range of regulatory issues and investigations, including dealings with regulatory bodies like ASIC and AFCA. He has detailed experience in Royal Commissions and was previously the Principal Legal Officer of the Queensland Racing Commission of Inquiry.
Alex Campbell
Alex has a broad commercial practice, with a particular interest in corporate insolvency and construction matters. He is regularly briefed to appear and advise in all Victorian jurisdictions at pre-litigation, interlocutory and trial stages. Some cases in which Alex has appeared:
Re Civil Construction Network Services Pty Ltd (in liq) [2020] VSC 474 - acting for a liquidator in an application for a power of sale pursuant to section 63 of the Trustee Act 1958 (Vic).
Daniel Investments (AUST) Pty Ltd v Jolin Nominees Pty Ltd (Building and Property) [2020] VCAT 480 - acting for a developer in major domestic building contract dispute concerning construction of contract, damages for delay and defect claims.
Briese v Allianz Australia Insurance Pty Ltd [2019] VCC 2170 - acting for an insured in breach of insurance contract claim concerning contractual duty to repair and required scope of works with competing expert evidence.
Rivex Crane Hire Pty Ltd v Armquip Pty Ltd [2019] VSC 122 - acting for purchaser in dispute arising out of agreement to purchase crane hire business, concerning proper construction of first right of refusal to purchase further business and assets.
Alex is also an accredited mediator and accepts briefs to mediate in a broad range of disputes, particularly commercial matters.
Alex read with John Ribbands.
John Dunne
John Dunne was admitted as a lawyer in Victoria in 1980. He initially worked as a tax and commercial lawyer following articles, gradually moving into litigation from 1980 to 1982 at John Wilder-Darren Moses. In 1983 John commenced practice as an employee then partner with Phillip Biber acting for a large mercantile agency in Victoria & NSW performing all types of civil litigation with an emphasis on insolvency work and with a significant appearance load as Counsel in the Magistrates Court, County Court, Supreme and Federal courts in Bankruptcy & Winding up matters. John has been a sole practitioner since 1986 up until 2006 with emphasis on high volume Debt Recovery and Insolvency almost exclusively for Creditors. John left Dibbs Abbott Stillman (now Thompson Greer) in December 2008 and resumed private practice as a sole practitioner under his own name with a continuing emphasis on Civil Litigation & Insolvency work.
Joshua Kohn
Joshua Kohn specialises in corporations, insolvency, commercial, banking and property law. He is an author of Butterworths "Bankruptcy Law and Practice" and has completed a Master of Laws focusing on the effectiveness of Australian voluntary administration laws. He regularly advises and has appeared for: Administrators, receivers, trustees in bankruptcy and liquidators in all issues including applications to set aside statutory demands, contested winding-up applications, unfair preferences, uncommercial transactions, trading whilst insolvent and other voidable transactions. Creditors and debtors of insolvent companies and individuals. Directors in relation to breach of directors' duties and trading whilst insolvent. Liquidators, officers and other persons in public examinations of the examinable affairs of corporations and individuals. Liquidators and directors in relation to ASIC investigations. Creditors and debtors in applications to set aside bankruptcy notices and contested creditor petitions. Directors and shareholders in oppression proceedings. Trustees in bankruptcy in proceedings to recover property. Banks and other financial institutions in enforcing security interests (such as mortgages, charges and guarantees) and in banker/customer disputes. Insurers in relation to indemnity issues generally and professional indemnity (including advising and appearing on behalf of liquidators, valuers, accountants, auditors and lawyers). Lessors and lessees in disputes arising between them including proceedings for possession, relief against forfeiture and rectification. Vendors and purchasers of property and businesses. Corporations and individuals in contract disputes including share sale agreements. Joshua regularly appears in NSW, ACT, QLD and WA. Victorian Bar Committee memberships: Supreme Court - Corporations Users.'