Insolvency: Voidable Transactions and Other Property Claims
Don’t let questions regarding what real and personal property is available to creditors in personal and corporate insolvency puzzle you. Spend time with a panel of insolvency experts as they answer your questions, including the latest provisions of voidable transactions in both bankruptcy and corporate insolvency. You’ll learn what other real and personal property might be divisible to creditors including superannuation or assets in a trust, so you can confidently guide your clients. WEB239N02Z
Description
Attend and earn 4 CPD units in Substantive Law
This program is applicable to practitioners from all States & Territories
Chair: Daniela Naidenov, Solicitor Director, Daniela Fazio Lawyers
9.00am to 9.05am Chair’s Opening Address
9.05am to 9.55am Voidable Transactions Provisions in Bankruptcy and Corporate Insolvency
- Part 5.7B voidable transactions
- 120 and 121 claims under Bankruptcy Act
Presented by Alice Ruhe, Partner, SMB Advisory; Registered Trustee in Bankruptcy and a Registered & Official Liquidator
9.55am to 10.45am Real Property and Superannuation in Personal Insolvency: Potential Pitfalls
- Husband & Wife real estate: when is it not available to creditors
- Superannuation: when is superannuation divisible property amongst creditors: ss128A -128C of Bankruptcy Act
- Security over real estate owned by a bankrupt – looking beyond the registered securities
Presented by Matt Mullen, Director, Grant Thornton
10.45am to 10.55am Break
10.55am to 11.45am Claims Against Assets Not in the Company/Bankrupt’s Name and Against the Trust
- Pre bankruptcy and pre-liquidation conduct and why it is important
- Investigatory powers of a trustees and/or liquidators
- What claims can be made by a trustee/liquidator against assets and trusts?
- Enforcement, and remedies
Presented by Daniel Johnston, Legal Practitioner Director, JHK Legal
11.45am to 12.30pm Recent Developments in the Application of s561 of the Corporations Act 2001
- Examining circulating and non-circulating assets
- Interplay of priorities between secured creditors and priority creditors
- When and how s 561 will apply
- In the matter of BCA National Training Group Limited (in liq) [2023] NSWSC 366
Presented by Stacy Miller, Partner, Cronin Miller Litigation
12.30pm to 1.15pm Practical Considerations in Relation to Insolvency Practitioners’ Preferential Payment Claims and Commercial Settlements
- A practical guide: how a liquidator investigates and prosecutes claims
- Current developments:
- Peak Indebtedness Rule in relation to personal and corporate insolvency
- Set-Off
Presented by Aaron Lucan, Partner, Worrells; Registered Trustee in Bankruptcy and a Registered & Official Liquidator
Presenters
Daniela Naidenov
Daniela is a Solicitor specialising in personal insolvency. 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 has the technical skill and knowledge which is well beyond her years. She has over 18 years of experience working in a niche area of the law which only a few know as well as she does. Daniela is a Solicitor admitted to practice in New South Wales, a Professional Member of the Australian Restructuring Insolvency & Turnaround Association (ARITA) and the International Association of Restructuring, Insolvency & Bankruptcy Professionals (INSOL). Daniela is also an Accredited Mental Health First Aider by Mental Health First Aid Australia. In her spare time, Daniela is a passionate community advocate for mental health and a Speaker/ Ambassador for Beyondblue.
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”.
Matt Mullen
Matt is a Principal at Grant Thornton within the Financial Advisory – Restructuring Advisory division. Matt has worked in the personal and corporate insolvency and restructuring profession for over 19 years including all types of formal engagements.
Daniel Johnston
Dan is currently an Legal Practitioner Director at JHK Legal and has over 10 years’ experience working at a variety of commercial law firms. Throughout his career Dan has assisted clients with commercial litigation, debt recovery, insolvency and employment law matters. Daniel always strives to achieve the best results for his clients regardless of the challenge that contentious matters can present. Dan has worked with clients ranging from small to medium enterprises, blue chip clients, insolvency practitioners (both corporate and personal), bankrupts, mercantile agents, creditors, debtors, employees and employers. More recently, Dan has worked on numerous matters in both Federal and State Courts including (but not limited to) resisting claims made for and against Insolvency Practitioners, Australian Consumer Law claims, summary judgement and strike out applications, and appeals in the District and Supreme Court of Queensland. Dan is an excellent communicator, he is approachable, and he takes pride in actively listening to his clients, so that he can provide comprehensive, pragmatic and commercial advice that is tailored to his clients’ individual needs. Daniel always strives to achieve positive results for his clients regardless of the challenge that commercial litigation can present. Dan has practised in Queensland, South Australia, Western Australia, Tasmania, and the Northern Territory and currently holds a practicing certificate in Queensland. Dan is also admitted to the Supreme Court of Queensland and to the High Court of Australia. Dan holds a Bachelor of Laws and a Graduate Diploma in Legal Practice. Outside of the law Dan likes to travel, is an avid rugby, and cricket supporter and enjoys spending time with his family and friends.
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. Prior to private practice, her interest in insolvency was sparked during her tenure as a legal officer at the Federal Attorney General’s department in a small team put together specifically to provide assistance to those appearing before the Royal Commission into the collapse of HIH Insurance. Subsequently she practiced in specialist commercial litigation and insolvency firms in Brisbane, before joining the team at Cronin Litigation Lawyers (as it then was) in 2011. A highly regarded litigator with notable success in factually complex high end litigation cases, her expertise includes trade practices actions, contractual disputes, shareholder and partnership disputes, estate litigation, realising and enforcing securities and general commercial disputes for direct industry clients and professional firms such as accountants and liquidators.
Aaron Lucan
Aaron Lucan joined Worrells in 2006 and became Principal in 2013. He is a registered liquidator, a registered trustee, and members of both Chartered Accountants Australia + New Zealand and the Australian Restructuring Insolvency & Turnaround Association. With more than twenty years’ experience in all aspects of insolvency administration, Aaron is an expert in many forms of corporate and personal insolvency including: Liquidation; Voluntary Administration; Deed of Company Arrangement; Receivership; Bankruptcy; Controlling Trustee and Personal Insolvency Agreement (Part X).