Half-day workshop: Bankruptcy

Thursday 14 October 2010, 1:25pm–5:00pm
Law Society House, 179 Ann Street
  • Purchase DVD Resources
Seminar DVD (Resource code: 101014BD)
$605 non-members
$380 members
Order DVD

Overview

3 CPD points

Whether you are practitioner in metropolitan or regional areas, every practitioner comes across debt related matters. Provided as a refresher with topics related to bankruptcy processes and practices including options available to clients, proceedings and events in bankruptcy, public records and latest case law updates, this seminar has been designed for graduate lawyers, practitioner’s under 7 years PAE, practitioners stepping into this area of practice or experienced practitioners seeking a refresher.
The topics covered include:

  • bankruptcy options
  • essentials in bankruptcy proceedings
  • public record of bankruptcy
  • recent cases

Course code: 101014B

1:25pm–1:30pm
Welcome Remarks
  • Chair: Damien Butler – Partner, Norton Rose Lawyers
1:30pm–2:30pm
Bankruptcy proceedings

This session will equip and sharpen practitioners’ skills in bankruptcy processes and practices including initiating creditors petitions and debtors petitions. The session will focus on:

  • brief overview of Bankruptcy Act 1966
  • acts of bankruptcy
  • creditor’s petition:
  • overview
    • from creditor’s perspective
    • from debtor’s perspective
    • common issues and how to resolve them
  • ramifications of bankruptcy
  • Speaker: Paul McQuade – Barrister, Queensland Bar
2:30pm–3:30pm
Further essentials in bankruptcy proceedings

Dealing with debt is a major step of dealing with bankruptcy. It is important to understand that there may be alternatives to bankruptcy available to your clients depending on their circumstances such as Part IX Debt Agreements and Part X Personal Insolvency Agreements under the Bankruptcy Act 1966. It is essential to know these when advising clients. This session will provide further essentials in the bankruptcy process including what are the first steps in assessing your client’s situation and advising your client on the following;

  • Part IX – debt agreements
  • Part X – personal insolvency agreements
  • annulments
  • discharge from bankruptcy
  • investigative provisions for Trustees
  • proofs of debt
  • Speaker: Cameron McKenzie – Partner, MacDonnells Law
  • Speaker: John Park – Registered Trustee and Partner, KordaMentha
3:30pm–3:45pm
Afternoon tea
3:45pm–4:30pm
Recent issues and case update

This session will focus on:

  • voidable transactions and notices by Official Receiver (section139ZQ)
  • inquiries into conduct of Trustees (section179)
  • offences under Part XIV
  • exclusive jurisdiction of Federal Courts (section27)
  • Speaker: Graham Dietz – Senior Associate, Tucker & Cowen Lawyers
4:30pm–5:00pm
Public record of bankruptcy

It is sometimes not clear whether knowledge of a person’s financial situation leads to a public record of it being made. For this reason, it is appropriate to know when exactly is a public record made and the related mechanisms.

  • the role of Insolvency and Trustee Service Australia (ITSA)
  • what is the National Personal Insolvency Index (NPII)?
  • when is a person’s name entered in this index and for how long?
  • can anyone access the register?
  • Speaker: Rod Mumford – Deputy Official Receiver, Insolvency and Trustee Service Australia (ITSA)

Featured Speakers