Corporate Insolvency Essentials Guide

You are not an insolvency expert but don’t be stumped by questions of corporate insolvency. Spend the afternoon with a panel of insolvency experts as you delve into the latest developments in corporate insolvency to get you on track. Gain an understanding of the implications of the different corporate insolvency appointments, a deep dive into the consequences of insolvent trading, plus examine creditor defeating dispositions, unreasonable related transactions, voidable transactions, and unfair preferences.

Tuesday, 26 March 2024
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

Chair:

Dan Johnston, Legal Practitioner Director, JHK Legal

2.00pm to 2.55pm Insolvent Trading: Consequences and Options
  • Summary of the insolvent trading provisions
  • Director’s duties
  • Defences
  • Application of insolvent trading provisions with:
    • Small business restructuring
    • Voluntary Administration/Deed of Company Arrangement

Presented by Matt Mullen, Principal, Financial Advisory and Restructuring Advisory, Grant Thornton

2:55pm to 3.05pm Break
4.30pm to 5.15pm Voidable Transactions and Director’s Personal Liability

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

Professional Skills
1:00pm to 2:00pm General Overview of Corporate Insolvency Appointments

Learn about the different types of corporate insolvency administrations, when they can be used, who can make the appointment and what they mean for the respective stakeholders.
Presented by Alice Ruhe, Partner, SMB Advisory; Registered Trustee in Bankruptcy and a Registered & Official Liquidator

3.05pm to 3.55pm Creditor Defeating Dispositions
  • Legislative changes ushered in by the Treasury Laws Amendment (Combatting illegal Phoenixing) Act 2020 (Cth)
  • The two limbs of s588FDB of the Corporations Act 2001
  • Distinguishing between legal and illegal phoenixing
  • A review of Intellicomms Pty Ltd (in liquidation) [2022] VSC 228 and recent cases

Presented by Stacy Miller, Partner, Cronin Miller Litigation

3.55pm to 4.30pm Unfair Preferences, Defences and Reform
  • Position under the standard liquidation
  • Changes under the simplified liquidation reform
  • Payments by third parties to an unsecured creditor
  • Defences
    • Running account defence
    • Ultimate effect
    • Good Faith
    • Set off
  • Further reform

Presented by Marc Rossi, Partner, Mills Oakley

Presenters


Ms Alice Ruhe, Partner,
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. Matt Mullen, Director,
Matt is a Principal at Grant Thornton within the Financial Advisory – Restructuring Advisory division. Matt has worked in the personal and corporate insolvency and restructuring profession for over 19 years including all types of formal engagements.


Ms Stacy Miller, Partner,
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.


Mr. Marc Rossi, Partner,
Marc Rossi is a Partner at Mills Oakley with a focus on recoveries, insolvency, restructuring, financial services, securities enforcement, LMI & title insurance, and commercial litigation and dispute resolution. He has represented and advised lending and financial institutions, insolvency firms, corporations, company directors and various stakeholders. Marc is committed to implementing strategies to achieve the best results for clients, inclusive of brand awareness and protection, transparency, along with practical and efficient commercial outcomes.

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Corporate Insolvency Essentials Guide

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Single Session
Tuesday, 26 March 2024
1:00pm to 5.15pm Australia/Sydney
CPD Points 4
4
$505.00
Online 20240418 20240326

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