Directors & Officers - Risks and Liabilities: Insolvent Trading/Safe Harbour Duties and Risks for Directors
OND233N25Z2
Description
Attend and earn 1 CPD hour in Substantive Law
This program is applicable to practitioners from all States & Territories
10.00am to 11.00am Insolvent Trading/Safe Harbour Duties and Risks for Directors
Examine the potential risks and issues for directors and officers in circumstances where their company is in financial distress.
- Analyse latest developments and case law on directors’ duties where a company is in the insolvency “grey zone” and insolvent trading laws and defences available to directors
- Focus on the “safe harbour” defence available to directors and recent developments and case law on that front
Presented by Katie Higgins, Partner, Jones Day, Best Lawyers; Restructuring and insolvency, New South Wales, Doyle's Guide 2020,2021; Restructuring and Insolvency, Chambers Asia-Pacific: Australia 2021, 2022; Restructuring and Insolvency, Legal 500 Australia 2022
Presenters
Katie Higgins
Katie Higgins is a partner at international firm Jones Day and has over 20 years’ experience advising companies, financiers, insolvency practitioners, investors, and directors on restructuring and insolvency matters. She also advises companies and financiers on a wide variety of debt and structured capital markets transactions. Katie is consistently recognized as a leading insolvency, restructuring, and finance lawyer by legal directories. Katie specializes in advising on cross-border, complex restructuring transactions. Her recent mandates include advising the largest single US-based creditor in the Virgin Australia administration; a large medical imaging diagnostics company in the restructuring of a A$260m facility provided by HK financier Dignari Capital; the administrators of Topshop/Topman, Payless Shoes, and American Apparel; the Insurance Commission of Western Australia in the $1.8 billion settlement of the Bell Group liquidation proceedings; Electricite de France in relation to the Paladin Energy administration; Peabody Energy Corporation in the Australian aspects of its U.S. chapter 11 filing and financing associated with its emergence from chapter 11; and a key shipper and owner of WICET (Wiggins Island Coal Export Terminal) in the 2018 restructure of WICET's senior debt facilities. Katie's recent transactions also involve a number of debt financing matters, including acting for: Hornblower Group in the financing of its acquisition of Australia's leading experiential travel group, Journey Beyond; Global Resources in acquisition financing provided in connection with its $700m acquisition of Curragh mine and the 2021 refinancing of its facilities with US$350m high yield bonds and US$100m asset-backed loan; and Peabody in its US$250m receivables finance facility with PNC Bank.