Insolvency Review: Reforms in Practice
Issues covered include: Insolvency, PPSR, safe harbour, ipso facto, legal and illegal phoenix activity
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Description
A steady stream of key developments in insolvency has reshaped the sector in recent years. To succeed in the area you need to know precisely how everything is playing out in practice. How are changes to safe harbour protections, ipso facto reforms, and trends in phoenix activity being handled in the real world? What should you advise your organisation or your clients regarding the PPSR’s current state of play? Learn the latest and most practical strategies and advice for your clients or organisation.
Attend and earn 4 CPD points in Competency Area 4: Substantive Law
This seminar was recorded in WA on 12 June 2019
Chair: Hector West, Partner, Dentons; Recommended Insolvency & Restructuring Lawyer, Doyle’s Guide 2018
9.00am to 9.05am Opening Comments by the Chair
9.05am to 9.50am: Insolvency Update: The New Cases and Legislation You Need to Know
Delve into critical new legislation, reforms, and cases that will impact your practice going forward. From insights into challenging and defending the latest varieties of claims in the area to strategies for navigating transactions in the insolvency space, to current asset issues to have on your radar and more, this session will get you up to date on some of the hottest issues in insolvency.
Presented by Kylie Britton, Partner, Dentons
9.50am to 10.35am: Practice and Procedure: PPSR Retrospective
Seven years on, there remains much to learn about the practice and application of the Personal Property Securities Act 2009. Case law and practical experience are key to learning those lessons. Gain practical tips on how to use the Act effectively and strategically, focusing on:
- Trustee grantors
- Challenges of tracing
- Avoiding over- and under- registration
- Lessons from Hamersley Iron Pty Ltd v Forge Group Power Pty Ltd (in liq) (R&M Appt) [2018] WASCA 163
Presented by Daniel Morris, Special Counsel, HHG Legal Group
10.35am to 10.50am Morning Tea
10.50am to 11.35am: THE BARRISTER'S PERSPECTIVE: Insolvency Safe Harbour Protections and the Ipso Facto Reforms in Practice
Explore how the changes to safe harbor protections and the ipso facto reforms are playing out in practice so that you can provide the best guidance and advice to your clients or organisation.
Presented by James Scovell, Barrister, Francis Burt Chambers; Recommended Insolvency & Restructuring Junior Counsel, Doyle’s Guide 2017
11.35am to 12.20pm: INSIGHTS FROM AN ACCOUNTANT AND REGISTERED LIQUIDATOR: Rising from the Ashes: Legal and Illegal Phoenix Activity
- Examining phoenix activity
- Legal or illegal?
- Liquidator options
- ASIC’s approach
Presented by Carl Huxtable, Partner, Hall Chadwick
12.20pm to 1.05pm: Case Study: Amerind, Killarnee and Trustee Insolvency
Take a practical look at how liquidators are to deal with trust assets in a liquidation by examining a case study in detail and studying the key facts and takeaways that you need to know for your practice.
Presented by Fei Fei Xue, Director, CX Law
1.05pm to 1.15pm Final Q&A and Closing Comments by the Chair
Venue
Parmelia Hilton
Level 1, Meeting Room, 14 Mill Street
Perth 6000
WA
Australia