Insolvency and Voluntary Administration Conference
Start time 17 Oct 2019 9:00am (Australia - Melbourne)
End time 17 Oct 2019 1:30pm (Australia - Melbourne)
Location Leo Cussen Centre for Law, Level 16, 15 William Street, Melbourne
Speaker See full program details
Catering Includes morning tea and refreshments
Designed for Legal practitioners
Product Code C19036

Insolvency and Voluntary Administration Conference

17 Oct 2019 9:00am - 17 Oct 2019 1:30pm (Australia - Melbourne)
Leo Cussen Centre for Law, Level 16, 15 William Street, Melbourne

Contact Reception on 03 8667 5667 to book your free 3rd place!

 

This conference provides an in-depth analysis of several key issues facing Insolvency practitioners as follows:

Insolvent Trading Trusts: Dealing with Trust Assets and Creditors 

In the recent decision of Carter Holt Harvey v Commonwealth [2019] HCA 20 (Re Amerind), the High Court has clarified how an insolvent corporate trustee is to deal with the assets of a trading trust.  In doing so, the Court resolved the long-standing tension between the divergent decisions of the Full Court of the Supreme Court of Victoria in Re Enhill and the Full Court the Supreme Court of South Australian in Re Suco Gold.  

This session will discuss the High Court decision in Re Amerind, deal with the distinction between the use of company and trust assets when paying trust creditors, look at the obligation of an insolvent trustee when holding assets as a bare trustee only and consider the issue of liquidator remuneration.

Presented by: Christopher Brown, Barrister, Victorian Bar

Conflicts of Interest and Liquidators 

This session looks at Liquidators Duties particularly in regard to the following:

  • Conflicts of interest and Liquidators acting as liquidator in multiple related company structures, including wholly owned subsidiaries; and
  • Setting the criteria to adequately address the potential problem of acting with a conflict of interest - Go Energy Group Ltd (in liquidation) [2019] NSWSC.

Presented by: David Dickens, Special Counsel, Hall & Wilcox

Voluntary Administration 

This session covers:

  • Deeds of Company Arrangement post Australia of Mighty River International Limited v Hughes, Mighty River International Limited v Mineral Resources Limited [2018] HCA;
  • Validity of a Holding DOCA;
  • Challenging and setting aside a DOCA;
  • The Courts powers to set aside; and
  • Voluntary Administrators, Costs and Equitable Liens Re GGA Lifestyle Pty Ltd (administrators appointed) ; ex parte Woodhouse [2019] WASC.

 

Presented by: 

David Newman, Partner, Maddocks, and

Melissa Jeremiah, Senior Associate, Maddocks

Directors including Successive Directors Duties Update  

This session covers recent cases dealing with directors obligations to provide records to a liquidator. The session will cover:

  • Financial records, obligations and defences on liquidation;
  • Successive directors defences; and
  • In the matter of substance Technologies pty ltd [2019] NSWSC

Presented by: Raini Zambelli, Barrister and Mediator, Victorian Bar

Use of Privileged Material by the ATO and Others in Pursuing Enquiries of Restructured Companies - Is It Okay? 

This session will cover:

  • Cases dealing with the question of whether privileged or unlawfully acquired material can be used in enquiries or proceedings brought by the ATO;
  • Glencore International AG and Ors v Commissioner of Taxation of the Cth of Australia and Ors

 


CPD Units:

Substantive Law: 4.0
$490.00
(includes GST)
4.0