Insolvency and Bankruptcy Latest Developments
Issues covered include: insolvency and bankruptcy - debtors, creditors, liquidators or trustees, voidable transaction, trading trust priorities, superannuation, voluntary administration, impact for unsecured creditors
Description
Whether you are act for debtors, creditors, liquidators or trustees, our speakers will guide you through the latest insolvency and bankruptcy developments. Get straight on voidable transactions and trading trusts priorities since the High Court’s decision in Amerind. Identify which property is and isn’t available to a creditor and how to deal with superannuation. Hear the latest proposed changes in voluntary administration and bankruptcy and likely impacts for unsecured creditors.
Attend and earn 4 CPD units in Substantive Law
Chair: Joanne Hardwick, Partner, Piper Alderman; Recommended Insolvency & Restructuring Lawyer, Doyle’s Guide 2019
9.00am to 9.05am: Opening Comments by the Chair
9.05am to 9.50am: Voidable Transactions
- Unfair preferences
- Uncommercial transactions
- Unfair loans
- Directors’ issues
- Recent cases: When is the point of insolvency?
Presented by Radhika Kanhai, Partner, Cornwalls; Recommended Insolvency & Restructuring Lawyer, Doyle’s Guide 2019
9.50am to 10.35am: Trading Trusts in Insolvency
- What are the (sometimes overlooked) risks of the trading trust structure for beneficiaries, creditors, directors and the trustee company itself?
- Specific challenges posed by the trading trust structure in insolvency
- Priorities: trading trusts and insolvency since the recent High Court decision in Amerind
Presented Mitchell Grady, Barrister, Svenson Barristers
10.35am to 10.50am Morning Tea
10.50am to 11.35am: Bankruptcy: What Property is Available for Creditors, What is Excluded and How a Trustee Might Access Superannuation
- Property vesting in the trustee
- What is excluded? specific protections, statutory thresholds and other considerations
- Superannuation
- Fund assets when individual trustee is bankrupt
- Voiding contributions to superannuation
- What other transactions can a Bankruptcy Trustee seek to set aside
Presented by Ivan Glavas, Partner, Official Liquidator and Registered Trustee, Worrells Solvency & Forensic Accountants
11.35am to 12.20pm: Aspects of Defending Unsecured Creditors' Interests in Corporate and Personal Insolvency
- Voluntary Administration: proposed legislative changes and their likely effects
- Consequences for unsecured creditors in debt claims when a voluntary administrator is appointed: the moratorium provisions
- Issues requiring consideration by unsecured creditors at the first creditors meeting
- Setting aside deeds of company arrangement on grounds related to public interest and commercial morality
- Bankruptcy: proposed legislative changes and their likely effects
Presented by John Dunne, Principal, John Dunne & Associates
12.20pm to 1.05pm: What to Consider when Insolvency is Imminent: Selecting the Correct Insolvency Procedure and Understanding the Outcome
- Various options that are available
- Voluntary Administration: Is a Deed of Company Arrangement a viable proposition as opposed to the alternatives?
- Contemplating the practicalities of a DOCA Proposal and what a proposal would encompass: considering the commercial realities
- Setting aside a deed of company arrangement and what is entailed if one ultimately fails due to non-compliance
- Working examples and the avoiding common traps: pitfalls
Presented by Scott Anderson, Partner and Official Liquidator, Worrells Solvency & Forensic Accountants
1.05pm to 1.15pm: Final Q&A and Closing Comments by the Chair
Venue
RACV City Club
Level 2, 501 Bourke St
Melbourne 3000
VIC
Australia
Parking Information
Parking is not included in your registration. Here are some options below. RACV City Club Car Park.
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