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.
This program is applicable to practitioners from all States & Territories
* This interactive online recording includes questions and quizzes requiring critical thinking about the topics, so you have no annual limits to the number of points/hours you can claim with this format of learning. Please verify with your CPD rules
*Original Content was created in March 2024
Dan Johnston, Legal Practitioner Director, JHK Legal
- 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
Presented by Alice Ruhe, Partner, SMB Advisory; Registered Trustee in Bankruptcy and a Registered & Official Liquidator
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
- 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
- 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
3 units in Substantive Law
1 unit in Professional Skills
Presenters
Alice Ruhe, Managing Principal, 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.
Matt Mullen, Principal, Financial Advisory and Restructuring Advisory, Grant Thornton
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.
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.
Marc Rossi, Partner, Mills Oakley
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.
Dan Johnston, Legal Practitioner Director, JHK Legal
Dan is a Legal Practitioner Director at JHK Legal and has over 10 years’ experience working and assisting clients in commercial litigation, debt recovery, insolvency and employment law contentious matters. 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. 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 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.