Bankruptcy Law Essentials Guide

Don't be puzzled by Bankruptcy Law! Seek guidance or a refresher, seize this chance for an essential Bankruptcy law guide. Learn from esteemed speakers: National Judicial Registrar Schmidt, Judicial Registrar Edwards, an Official Trustee in Bankruptcy, experienced counsel, & practitioners. Topics include Part IX Arrangements & Part X Agreements, Application & Creditors Petitions traps, Trustee's perspective on post-bankruptcy, voidable transactions, creditor priorities, & statutory disruptions

Tuesday, 28 November 2023
11.00am to 11.45am Post Bankruptcy - What Happens Next? Dealing with the Trustee in Bankruptcy
  • Trustee’s Obligations and Expectations 
  • Dealing with Family law issues
  • Deceased estates
  • Realizing the real property in bankrupt estates
  • Reforms and 1 year bankruptcy
  • Other issues and common misunderstandings

Presented by Alice Ruhe, Partner, SMB Advisory; Registered Trustee in Bankruptcy and a Registered & Official Liquidator

9.05am to 9.50am Pre-Bankruptcy: Part IX Debt Arrangement and Part X Person Insolvency Agreements
  • When to use a Part IX Arrangement? advantages and disadvantages
  • When to use Part X Agreement? advantages and disadvantages
  • Common traps for young players

Presented by Jim Johnson, Barrister, Frederick Jordan Chambers

9.00am to 9.05am Opening Comments by the Chair

Chair: Peter Travers, Barrister, Alfred Lutwyche Chambers

Professional Skills
9.50am to 10.50am A View from the Bench: Practice Issues for Applications and Creditors Petitions: Tips and Traps

Presented by National Judicial Registrar Peter Schmidt and Judicial Registrar Amelia Edwards, Federal Court of Australia

11.45am to 12.30pm Transaction Avoidance in Bankruptcy: Practical Tips for Trustees and Defendants
  • The basics of voidable transactions: ss120, 121, 122 of the Bankruptcy Act
  • Remedies and other practical issues for trustees
  • Defending a voidable transaction claim
  • Division 4A and other often-overlooked alternative claims available to trustees

Presented by David Edney, Barrister, 6 St James Hall Chambers

12.30pm to 1.15pm Paying Bankruptcy Creditors
  • Who gets paid in a bankruptcy and when (general principles)
  • Creditor priorities under s109 of the Bankruptcy Act
  • When the statutory priorities are disrupted

Presented by Nell McGill, Special Counsel, Sparke Helmore

Description

Attend and earn 4 CPD units including:
3 units in Substantive Law
1 unit in Professional Skills

This program is applicable to practitioners from all States & Territories

10.50am to 11.00am Break

Presenters


National Judicial Registrar Peter Schmidt, Federal Court of Australia
Peter is a National Judicial Registrar at the Federal Court of Australia and the Queensland District Registrar, having been appointed in March 2021. Prior to taking that appointment, Peter was a partner at Norton Rose Fulbright in its Insolvency and Restructuring Group. Peter has over 30 years’ experience in commercial disputes, insolvency and restructuring. Peter regularly presides over the Federal Court’s bankruptcy and corporations weekly lists.


Judicial Registrar Amelia Edwards, Federal Court of Australia
Amelia is a Judicial Registrar of the Federal Court of Australia. As a Judicial Registrar she exercises delegated judicial power and statutory functions in range of general federal law matters. In the bankruptcy practice area she hears and determines creditors’ petitions and applications to set aside bankruptcy notices, conducts case management hearings and mediations of various types of proceedings brought under the Bankruptcy Act, and presides over examination processes. Prior to her appointment, Amelia was a solicitor in private practice at Herbert Smith Freehills for 10 years.


Ms. Alice Ruhe, Partner, SMB Advisory
Alice has practised in the Insolvency and Corporate Recovery Industry for over 15 years and is a Registered Trustee in Bankruptcy and a Registered Liquidator. Alice is a member of both the Chartered Accountants Australia and New Zealand and the Australian Restructuring Insolvency and Turnaround Association (ARITA) and has experience in all forms of corporate and personal insolvency administrations. Alice believes that in most instances early diagnosis and accurate prognosis can foster the best results. “All too often, good businesses go by the wayside because the early signs of potential distress have been ignored, or worse, have not been identified at all”. Alice has had experience dealing with administrations involving the building, hospitality, information technology, accounting, legal, medical, retail and various other industries. Alice is a true believer in providing clear and relevant communication to stakeholders and acknowledges that more often than not “things are not always quite as they seem”.


Mr. Peter Travers, Barrister, Alfred Lutwyche Chambers
Peter has a broad commercial practice with a particular focus on contractual and property disputes, corporate insolvency and bankruptcy and building and construction matters. Peter also regularly acts in administrative and family law matters. Peter appears in both State and Federal Courts. Prior to being called to the bar, Peter practiced as a solicitor in the litigation and dispute resolution department of a leading mid-tier firm. Before practicing law, Peter served as an officer with the Royal Australian Air Force with multiple operational deployments. Peter continues to serve in a reserve capacity. Peter has over 10 years of project management experience, including several medium size construction projects. Peter’s broad professional experience ensures that he approaches each matter pragmatically to deliver the best commercial outcome for the client.


Mr. Jim Johnson, Barrister, Frederick Jordan Chambers
Jim Johnson was admitted to the Bar in August 1991 having practised as a solicitor since 1975. He is currently also a casual lecturer at UTS in the insolvency elective. Jim has lectured extensively in relation to insolvency topics over the last 20 years including interrelationship and crossover between deceased Estates and bankruptcy and family law and bankruptcy. Whilst his practice is generally regarded as personal and corporate insolvency that brings into play most areas of general commercial securities and conveyancing practice.


Mr. David Edney, Barrister, 6 St James Hall Chambers
In his 11 years as a solicitor before being called to the Bar in 2018, David was a senior associate in a Doyle’s Guide recognised boutique litigation and insolvency practice. In that capacity, David acted in a wide variety of litigation for corporates, insolvency practitioners, and high net worth individuals. David has particular experience acting in respect of complex insolvency litigation, including in particular statutory recoveries, security interest disputes, and claims against directors in respect of alleged breaches of duty. Beyond general insolvency and commercial litigation, David also has experience in disputes arising under the Building and Construction Security of Payment Act, and in respect of disciplinary proceedings against liquidators. David was formerly President of NSW Young Lawyers the Chair of its Civil Litigation Committee, and in that latter capacity while a solicitor also sat on the Law Society’s Litigation Law & Practice Committee.


Mr. Nell McGill, Special Counsel, Sparke Helmore
Nell is a senior commercial litigator, with over two decades of experience in dispute resolution. She has a particular focus on contentious personal and corporate insolvency matters, as well as director and shareholder disputes, and debt recovery litigation.

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Bankruptcy Law Essentials Guide

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Single Session
Tuesday, 28 November 2023
9.00am to 1.15pm Australia/Sydney
CPD Points 4.2
4.2
$505.00
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