$396 – $440

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UNSW CBD Campus

Theatres 5 & 6, Level 7, 1 O'Connell Street

Sydney, NSW 2000

Australia

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Area of Interest: Insolvency law


CPD units: Four (4)
Knowledge area: Substantive law
Cost: $396 - $440


Topic 1: The significant shift in favour of creditors and closer trustee and liquidator regulation under the Insolvency Law Reform Act 2016 changes

  • Harmonised rules on creditor meetings, voting, court powers
  • Increased creditor rights, and court and regulator powers, including of ARITA and the law and accounting bodies
  • Remuneration and independence disclosure

Topic 2: Corporate Insolvency changes - safe harbour, ipso facto, phoenix and tax laws

  • Safe harbour and insolvent trading
  • Restrictions on contracting party's rights to terminate on a counterparty's insolvency
  • New anti-phoenix measures, tax and FEG recovery powers, funding arrangements.
  • ASIC's regulatory role and the increased activities of FEG, FWO, and ATO
  • SMEs and large companies

Topic 3: Personal insolvency changes - debt agreements, a one-year bankruptcy, and family law

  • Greater regulation of part IX debt agreements but greater scope to use them
  • The one-year bankruptcy - plusses and minuses
  • Objections to discharge, income assessments, travel overseas
  • The role of AFSA in regulation

Topic 4: Insolvency - some particular issues, and open discussion

  • Trends - bank receiverships, liquidations, company restructurings
  • Problems for SMEs - tax, FWO, single touch payroll
  • Outcomes: limited divdend returns, use of statutory demands
  • Plusses and minuses: for creditors, directors, struggling businesses and their customers, employees and more

About the presenter:

Michael Murray is an insolvency lawyer and writer, with a practice background in government and regulatory law. He co-authors the standard text - Keay's Insolvency (10th ed, 2018) and writes on insolvency and related issues through his website Murrays Legal - www.murrayslegal.com.au, covering corporate and personal insolvency, tax, regulation and corporate conduct and cross-border law. He is an adviser on law reform and policy, a government appointee on bankruptcy registration and discipline committees and a fellow of the Australian Academy of Law.


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Date and Time

Location

UNSW CBD Campus

Theatres 5 & 6, Level 7, 1 O'Connell Street

Sydney, NSW 2000

Australia

View Map

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