Debt Recovery and Enforcement: The Core Legal Issues
Are you a practitioner wanting to upskill in debt recovery practice? Attend and gain a thorough understanding of the core legal pillars of debt recovery. Learn how to anticipate a debt recovery action to protect your client’s interests from the get-go. Develop knowledge on how to commence a recovery proceeding in the Courts. Finally, consider the enforcement of orders to pay money, the liquidation process and what bankruptcy means for individuals and creditors. WEB2111NZA26
Description
Attend and earn 3 CPD hours
Chair: Charlotte Houghton, Partner, Anderson Lloyd
9.30am to 9.35am Opening Comments by the Chair
9.35am to 10.35am Anticipating a Potential Debt Recovery Action Before it Happens
- Drafting watertight Terms of Trade
- Supporting Guarantees and Sales Agreement
- Registering a security interest
- Protecting your client’s interest
Presented by Murray Tingey, Barrister
10.35am to 11.35am How to Deal with a Dispute and Commence Recovery Proceedings
A practical examination of dealing with a dispute, getting the most out of a mediation and when and how to commence recovery proceedings in court.
Presented by Glen Holm-Hansen, Partner, Hesketh Henry
11.35am to 11.45am Morning Break
11.45am to 12.45pm Enforcing Judgments: Orders to Pay, Liquidation and Bankruptcy
- Enforcement of orders to pay money - including charging orders, orders for examination, sale orders, bankruptcy, liquidation and other options
- Enforcement of other orders and contempt of court
- Understanding the liquidation process and the options available to liquidators
- What bankruptcy means for individuals and creditors
Presented by Sarah Rawcliffe, Partner, Harkness Henry
Learning Objectives:
- Gain tips on drafting terms of trade and protecting your client’s interest
- Consider when and how best to commence recovery proceedings
- Examine the key issues arising in the enforcement of judgments
Presenters
Charlotte Houghton
Charlotte specialises in litigation and dispute resolution, with particular expertise in personal and corporate insolvency, debt recovery, and security enforcement. Charlotte also has expertise in dispute resolution between directors, shareholders and trustees, and disputes involving negligent valuations and commercial leasing. Charlotte also advises clients in relation to insurance disputes and disputes under the Construction Contracts Act 2002. Charlotte has appeared in Court at all levels in New Zealand, including in the Supreme Court. Charlotte is a member of the Restructuring Insolvency & Turnaround Association of New Zealand (RITANZ) and the New Zealand Insurance Law Association.
Murray Tingey
Murray is a commercial litigator and insolvency specialist with extensive knowledge and experience on all matters related to insolvency and debt recovery. He regularly acts for liquidators, receivers, directors and debtors. Murray regularly speaks at specialist conferences and is a contributing author of Heath and Whale on Insolvency. Murray has been recently named as New Zealand lawyer of the year in insolvency and restructuring law in the Best Lawyers Guide 2021. He has also been named as a Leading Insolvency & Restructuring Barrister – New Zealand, 2020 by Doyles Guide and has been rated in the top tier of insolvency litigators in all the other major directories. Murray was at Bell Gully for over 20 years and was head of its litigation and insolvency departments. Earlier in his career, Murray spent three years with Clifford Chance in London, where he specialised in banking and insolvency litigation.
Glen Holm-Hansen
Glen Holm-Hansen is a Partner in Hesketh Henry’s disputes team. He has a wide practice focusing on construction, insolvency and regulatory issues. Glen has more than 14 years’ experience advising on a variety of contentious issues in New Zealand. Glen leads Hesketh Henry’s restructuring and insolvency practice, advising individuals and companies in New Zealand and offshore on all aspects of insolvency and turnaround processes, from receiverships and liquidations through to voluntary administrations and schemes of arrangements. This includes a wide range of insolvency related litigation including disputes relating to the exercise of liquidator’s powers, breaches of director duties, voidable transactions, debt recovery, and enforcement of securities. He also has significant experience assisting clients with investigations by regulatory bodies including investigations by the Commerce Commission. Glen is a member of the Society of Construction Law (SCL), and Restructuring Insolvency & Turnaround Association New Zealand (RITANZ)).
Sarah Rawcliffe
As leader of the Harkness Henry litigation team, Sarah is an experienced commercial litigator, advising clients on a broad range of commercial disputes. She frequently advises insolvency practitioners and creditors regarding liquidations, receiverships and compromises, dealing with issues relating to securities, insolvent transactions, director breaches and recoveries. She regularly appears in the District and High Courts and also assists clients with alternative dispute resolution including mediation, arbitrations and out of court settlements.