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. 

Wednesday, 20 September 2023
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

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

Chair:

Daniela Naidenov, Solicitor Director, Daniela Fazio Lawyers

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

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

Description

Attend and earn 4 CPD units in Substantive Law
This program is applicable to practitioners from all States & Territories

9.00am to 9.05am Chair’s Opening Address
10.45am to 10.55am Break

Presenters


Ms. Daniela Naidenov, Solicitor Director, Daniela Fazio Lawyers
Daniela is an Associate Director at Kerrs, specializing in personal insolvency and family law with over 19 years of experience in insolvency and litigation disputes. She brings a wealth of knowledge from her successful tenure operating her own law firm to her current role. Daniela's expertise lies in the nuanced intersection between bankruptcy and family law, as well as property matters such as partition orders for trustees Australia-wide. She is highly regarded among bankruptcy trustees for her pragmatic yet decisive approach. With a focus on representing trustees in bankruptcy, liquidators, trustees for sale, court-appointed receivers, secured creditors, and bankrupts, Daniela is known for her ability to efficiently and cost-effectively bring closure to legal matters. She holds a New South Wales solicitor's admission and is a professional member of Australian Restructuring Insolvency & Turnaround Association (ARITA) and a member of the International Association of Restructuring, Insolvency & Bankruptcy Professionals (INSOL). Additionally, Daniela is certified as a mental health first aider by Mental Health First Aid Australia and is skilled in mediation. Outside of her legal practice, Daniela is deeply committed to mental health advocacy, serving as a speaker and ambassador for Beyondblue. This commitment translates into her legal work, where she adopts a tailored approach to address not only the technical legal aspects but also the mental health concerns of involved parties. Her multifaceted expertise and dedication to both her clients and broader community make her a highly respected professional in her field.


Alice Ruhe, Partner, SMB Advisory
Alice has practised in the Insolvency and Corporate Recovery Industry for over 20 years and is a Registered Trustee in Bankruptcy and a Registered Liquidator. Having experience in all forms of corporate and personal insolvency administrations, Alice is a fellow of Chartered Accountants Australia & New Zealand, a member of the Australian Restructuring Insolvency and Turnaround Association (ARITA) and the Turnaround Management Association (TMA). Alice was honoured to have received the "WIRQ" Award for 2021. Alice acts as Trustee in Bankruptcy and Liquidator in a number of complex and litigious matters, often at the request of creditors or other authorities. With extensive experience in investigations into voidable transactions, recovery of property and referrals of misconduct, Alice has been involved in numerous legal proceedings resulting in positive recoveries and returns to the respective Bankrupt Estates and Liquidations, for the benefit of creditors. Alice has had experience dealing with external administrations involving the building, hospitality, information technology, accounting, legal, medical, retail and various other industries. A true believer in providing clear and relevant communication to stakeholders, Alice acknowledges that more often than not things are not always quite as they seem.


Mr. Daniel Johnston, Legal Practitioner Director, JHK Legal
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.


Ms. Stacy Miller, Partner, Cronin Miller Litigation
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.


Matt Mullen, Principal, Grant Thornton
Matt has over 20 years’ experience in both corporate and personal insolvency matters. Matt is a Registered Liquidator, Trustee in bankruptcy, Chartered Accountant and Solicitor. Matt is a Principal at Grant Thornton. Matt has experience in all types of formal engagements and has also provided advice to directors in relation to the safe harbour regime.


Mr. Aaron Lucan, Partner, Worrells
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).

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Insolvency: Voidable Transactions and Other Property Claims

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Single Session
Wednesday, 20 September 2023
9.00am to 1.15pm Australia/Sydney
CPD Points 4
$505.00
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