8:45am: Welcome and Introduction
Chair: Mark Wellard, UTS Convenor of the ARITA Advanced Certification program and Senior Lecturer, UTS Law
8:50am: Corporate insolvency reforms: debt restructuring plans for SMEs
Speaker: Ingrid King, Barrister, Tenth Floor St James Hall Chambers
- Corporations Amendment (Corporate Insolvency Reforms) Regulations 2020 (Cth)
- Insolvency Practice Rules (Corporations) Amendment (Corporate Insolvency Reforms) Rules 2020 (Cth) and associated explanatory materials.
- New role for liquidators and a new kind of insolvency professional
- Contingent liabilities
- Preferences and payments to related parties
- Fees
- Functions of the Small Business Restructuring Practitioner (SBRP) for a restructuring plan.
9:50am: Update on established insolvency regimes
Speakers: Kate Conneely, Partner, KordaMentha and Sophia Spiliotopoulos, Director, KordaMentha
- Insolvency – the tests and commercial realities
- Key stakeholders affected by insolvency and their options
- Overview of formal corporate insolvency appointments
- The benefits and mechanisms of voluntary administration (VA), including the process and outcome for stakeholders
- Deed of Company Arrangement (DOCA) – a compromise with a company’s creditors
- Creditors' voluntary liquidation (CVL), including the new ‘simplified liquidation’ process
- The process and role of winding up applications including the powers conferred upon a liquidator.
11:05am: Morning tea break (20 mins)
11:25am: Tips on asset protection and bankruptcy - tax, super and business entity considerations
Speaker: Amrit McIntyre, Partner, Baker & McKenzie
- The impact of tax grouping on the use of a related entity
- Risks of inter-company transactions and loans
- Strength of Trust structures and pressure on beneficial ownership
- Directors’ liabilities.
12:15pm: Q & A with all speakers
12:30pm: Close.