TRAILL & ASSOCIATES 2020
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 8th Annual National Practical Bankruptcy Congress

 Video recordings & available slides/papers now available for purchase
14.5 hours CPD/CPE for under $70 per hour

Property Partner
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Please Select From The Four Available Options*:
​8th Annual Bankruptcy Congress                           $580.00
​Half Day Congress Workshop:                                         $290.00 
Full Day Congress Workshop:                                          $430.00 
Special Offer:  Congress & both workshops package
  $1,010.00   ** 
**Special offer includes half day workshop at no extra charge valued at $290                   
(* excl GST)


Bankruptcy Congress 2020 Presentations

Includes full access to all 8th ANnual Bankruptcy 2020 Congress presentation videos recorded live on Monday 7th December at the Wesley Conference Centre, Sydney


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Bankruptcy Congress Session 1: 
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  • Regulator Update, including recent guidance, statistics and priorities
          Mark Findlay, Director Regulation, Regulation & Enforcement, AFSA          
​ Daniela Naidenov, Principal, Daniela Fazio Lawyers
    
  • Voidable Transactions Update
           Stephen Mullette, Principal, Matthews Folbigg Lawyers

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Bankruptcy Congress Session 2: 
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  • Calderbank Offers and Other Litigation Cost Protection Methods
          Jayne Treherne, Barrister, Level 22 Chambers

  • After Acquired Property and Jurisdiction
          Sally Nash, Consultant Solicitor, O’Neill Partners Lawyers
          Colin Brown, Partner, O’Neill Partners Lawyers
          Scout Corp Promo
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Bankruptcy Congress Session 3: 
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  • Income Contribution
          Roger Marshall SC, Ground Floor Wentworth Chambers

  • Mental Health Issues / Vexatious Bankrupts
          Paul Shaw, National Manager, Regulation & Enforcement, Australian Financial                Security Authority
          Ann Jewitt, CEO, Workplace Mental Health Consulting
          Daniela Naidenov, Principal, Daniela Fazio Lawyers


  • Don't Bust The Trust
​           Michelle Painter, SC , Selbourne Chambers
​
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Bankruptcy Congress Session 4:
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  • Family Law Update
          Bob Cruickshanks, Personal Insolvency Consultant
          Sally Nash, Consultant Solicitor, O’Neill Partners Lawyers
          Stephen Mullette, Principal, Matthews Folbigg Lawyers


  • Corporations Amendment (Corporate Insolvency Reforms) Bill 2020
          Hannah Griffiths, Head of Insolvency & Restructuring, Gilchrist Connell
          Eddie Senatore, Principal, Eddie Senatore Advisory

Benefits Of This Congress:

  • Stay out of trouble with the regulator and the courts
  • Achieve better outcomes for all parties
  • Help improve and expand practices for greater profits
  • Combat the challenges of mental health scenarios so you can manage your own well-being as well as that of your team and those whose estates your are administering
  • 8 CPD hours from as little as $72 per hour
The presenters are the best experts in the country on the top of their game who's presentations address all the most important, practical and relevant issues relating to Bankruptcy.

100% of the feedback rated EVERY speaker and every presentation a 4 and mostly 5 out of 5 - & delegates who were rating were all very experienced practitioners - (making it a peer reviewed tried and tested high quality product).

It would take many hours of research to keep up to date with the 
importance of the latest cases & complex issues that are unravelled here and would cost a lot more to engage experts to find out the same information.
Click here to purchase the Bankruptcy Congress 2020 Presentations
Click To Enrol Now
Easiest Registration. Just click the button to send an email with 'Yes' and we'll get in touch
Apply Now

​"Thank you Rosie for hosting this Congress. It’s a terrific opportunity for trustees to get their 10 hours of objectively verifiable CPD up." - Mark Findlay, Director Regulation, Regulation & Enforcement, Australian Financial Security Authority (AFSA)

Half Day Congress Workshop

'Realisation Issues And Practical Tips For Trustees In Bankruptcy'
​2.5 Hrs CPD

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Workshop Leader:
Megan Zhou, Principal, Austin Core Legal Pty Ltd

Megan will cover a range of issues including:

●      Step by Step guide on how to deal with Strata Levies in Bankruptcy

●      Deed of Sale/Assignment/Transfer/ Relinquishment/ Disclaimer? What are the differences?

●      Dealing with protected intere
st s116(2)(ca) Bankruptcy, what not to do

●      Practical Conveyancing tips and Land Tax issues (problems and solutions)
​
●      Dealing with other realizations and question time
Click here to purchase the Half Day Congress Workshop Presentations
Click To Enrol Now
Easiest Registration. Just click the button to send an email with 'Yes' and we'll get in touch
Apply Now

Full Day Congress Workshop

'Practical Strategies For Successful Outcomes'
​4 Hrs CPD

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Workshop Leaders:
Bob Cruickshanks
Personal Insolvency Consultant 

Daniela Naidenov
​Principal, Daniela Fazio Lawyers

Daniela and Bob will deal in-depth with some of the complex areas posing the greatest concerns for practitioners including Topic areas:
  • Dealing with cranky creditors and challenging bankrupts, including but not limited to:-
          a.    Strata levy bankrupts
          b.    Bankrupts with mental health issues
  • Caveats – When should a Trustee in Bankruptcy lodge a Caveat and what should a Trustee in Bankruptcy consider when challenging Caveats?/ When and why should a trustee disclaim a bankrupt’s property?
  • Family Law/Insolvency matters – Co-owned property, family loans.
  • Remuneration – What AFSA considers reasonable and unreasonable and the common errors AFSA may identify during its inspections.
  • Time permitting, Bob and Daniela will also take the group through the following topics:-
  • Section 66G Trustees for Sale: Appointment of Trustee of the bankrupt estate plus another registered trustee:Role & duties of the section 66G Trustees [see: James & Ors v James (No. 2) [2019] NSWSC 116 (20 February 2019)]A judgment which can be shown to the non-bankrupt owner to convince them to join the trustee in the sale of the property jointly owned with the bankrupt, viz: Hundy v Turner [2019] NSWSC 1881 (20 December 2019)
  • Section 146 Applications: What the Court expects the Trustee to have done trying to get the bankrupt to file their Statement of affairs [see: Quin as trustee of the Bankrupt Estate of Philip Chill [2020] FCCA 2652 (23 September 2020)]
  • International bankrupts: Debts incurred overseas then registered in Federal Court as a prelude to issue of bankruptcy notice, creditor’s petition & making of Sequestration Order [see  ACW v Du Bray (No 2) [2020] FCA 994 (16 July 2020)]
  • Trustees to maintain a courteous professional approach when dealing with opposing solicitors. [see: Campbell v van der Velde as trustee of the bankrupt estate of Marilyn Anne Rowan, in the matter of Rowan (No 2) [2020] FCA 823 (12 June 2020)]
  •  Unusual Family Court matters : 2 ex-defacto wives, Liquidators and ATO asserting ownership of 4 properties in Federal Court which transferred the matter to the Family Court [see:  Yeo, in the matter of Armstrong and Shaw Pty Ltd (in liq) v Whiteman [2020] FCA 849 18 June 2020)]  
           Liquidator’s insolvent trading claim against director in Federal Court transferred to Family Court for determination in                         conjunction with director’s ex-wife’s property settlement claim. [see Shepard, in the matter of Grainpro Pty Ltd (in liq) v                   Bonfante [2020] FCA 1618 (9 November 2020)]
  • Insolvency Law Reform: Where are we at today and what is needed? 
  • Revision Topics: Open discussion.
Click here to purchase the Full Day Congress Workshop Presentations
Click To Enrol Now
Easiest Registration. Just click the button to send an email with 'Yes' and we'll get in touch
Apply Now

Full Package - Bankruptcy Congress 2020

Full Package Includes:
- Bankruptcy Congress 2020 Presentations
- Full Day Congress Workshop
- Half Day Congress Workshop
​-14.5 Hrs CPD

Click here to purchase the Bankruptcy Congress 2020
​Full Package
Click Here To Enrol Now
Easiest Registration. Just click the button to send an email with 'Yes' and we'll get in touch
Apply Now

More About Our Presenters

Bankruptcy Congress 2020 Presentations

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Mark Findlay
Director Regulation, Australian Financial Security Authority
​
Update From the Regulator Including Recent Guidance, Statistics & Priorities
  • Casting Vote Issues
  • AAT watch - Income Assessments (Nguyen/residing at Justice Michael Kirby luxury property)
  • The latest statistics  
  • Trends In the profession & compliance issues arising from Inspector-General reviews, inspections & complaints - where are the hot-spots for 2021
  • ​​Brief update on the new Statement of Affairs

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Daniela Naidenov
Principal
Daniela Fazio Lawyers
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Taking Possession Of & Dealing with Real Property and The Latest Hotspots in Relation to Strata Levy Bankruptcies/ Lease Disputes

Lockdown has not prevented a steady flow of cases! Daniela will take you through some of her recent experiences and also address the following cases:


  • Scott, in the matter of Le
  • Complete Credit Acquisitions Pty Ltd v Sheriff
  • Kerr as trustee of the property of Janice Mary Kehlet (a bankrupt) v Kehlet (No 2)
  • Scott (Trustee) v Carter
  • Quin as Trustee of the Bankrupt Estate of Philip Chill

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Stephen Mullette
Principal
Matthews Folbiggs Lawyers
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Voidable Transactions Update
​

This is a regular session and an attendee favourite, with lots of furious note-taking! Stephen Mullette is back to present on:
  • Shepard (Trustee) v Behman
  • Nelson (Trustee) v Birch & Ors
  • Nelson (As Trustee) v Supple & Anor
  • Johnson As Trustee Of Bankrupt Estate of Portellos v J.S.J. & A. Nominees Pty Ltd
  • Janezic v Official Receiver & Anor
  • Davidson v Official Receiver & Anor

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Jayne Treherne
Barrister
Level 22 Chambers
​

Do you know enough about Calderbank Offers and Other Litigation Cost Protection Methods?
​

There have been a couple of cases involving bankruptcy trustees and Calderbank offers in the last twelve months. One went well for the trustee – but the other resulted in a trustee being ordered to pay costs on an indemnity basis – so I thought it was worth asking Jayne Treherne to provide IPs with an explanation of what they are, how they can help you – and how they can hurt you! Jayne will also take you through what worked and what didn’t in the very recent matter of Paradin & Paradin in the Family Law Court.

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Sally Nash 
Consultant Solicitor 

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Colin Brown
Partner, O’Neill Partners Lawyers
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After Acquired Property and Jurisdiction
​

The Mehajer case gives us a “factually colourful” after-acquired property consideration, but more usually in practice AAP issues arise from inheritances, as you will see from the other cases. Those drafting Wills will sometimes specifically draft with the AAP regime in mind – and there’s also an interesting Tasmanian Supreme Court case which especially comments on estate planning to defeat creditors. Sally Nash and Colin Brown will take you through the cases, and more:
  • ​​​Three Co-Owners of Real Property v Another Co-owner and a Trustee in Bankruptcy
  • Southwell v Staite
  • Edwards v Crawford [2020] TASSC 20
  • Mehajer v Weston in his capacity as Trustee of the Bankrupt Estate of Salim Mehajer
  • Campbell v van der Velde as trustee of the bankrupt estate of Marilyn Anne Rowan, in the matter of Rowan

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Roger Marshall SC
Ground Floor Wentworth Chambers
​

​Income Contribution
​

It’s been a little while since we looked at Income Contributions and there have been some important cases. Holbrook is probably the headline here: dealing with an exit payment from a partnership and its character as “income” or “capital” but Roger Marshall SC, who appeared in some of these matters listed below, will take you through a number of recent cases:
  • ​CXTB and Inspector-General in Bankruptcy
  • Appleby v Carter as Trustee of the Bankrupt Estate of Appleby & Anor
  • Michell as Trustee of The Property of Holbrook, a Bankrupt v Holbrook
  • Weston v Pennisi
  • Weston v Mcauley
  • Aston v Barnet in her Capacity as the Trustee of the Property of Aston

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​Paul Shaw
National Manager, Regulation and Enforcement, Australian Financial Security Authority
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​Daniela Naidenov
Principal, Daniela Fazio Lawyers - Mental Health Advocate and Beyond Blue speaker
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​Ann Jewitt
CEO, Workplace Mental Health Consulting
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Mental Health Issues for Practitioners and Bankrupts - Panel Discussion
​
  • How to best respond when faced with a mentally ill bankrupt
  • What practical steps do practitioners need to take to protect themselves when dealing with mentally ill bankrupts?
  • Legal Issues relating to vexatious and mentally ill bankrupts
  • What directions/ protections are available to your staff?

It's not often that trustees need to focus on their own cashflow and mental health. With the added pressures of the decline in appointments, dealing with dwindling support from creditors, and challenges around vexatious bankrupts, trustees need now, more than ever, to focus on their own mental health and support structures to be ready for the post Covid-19 appointments from emotional, stressed and unfunded debtors.
  • Insolvency Mental Health Awareness Program (IMHAP) resources
  • What can practitioners do to hold it all together both personally and for your teams to avoid anxiety and depression during stressful times?
  • What additional things can and should be done?

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Michelle Painter SC
9 Selborne Chambers
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Don’t Bust the Trust!!

Usually Bankruptcy Trustees are looking to “trust bust” but this session will take you through a very interesting set of facts in Micheletto (Trustee), in the matter of the El-Debel (Bankrupt) v El-Debel where the trustees contended that the four properties were partly held on trust for the bankrupt at the time of his bankruptcy.

The successful outcome for the trustee was the culmination of a detailed and painstaking investigation and this is a very useful and worthwhile case study.

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Bob Cruickshanks
Personal Insolvency Consultant
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Sally Nash
Consultant Solicitor O’Neill Partners Lawyers
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Stephen Mullette 
Principal, Matthews Folbigg Lawyers
​

Family Law Update - Experts in Conversation

● A Financial Agreement is not binding on the Trustee in Bankruptcy;
  • It is clearly open to the Trustee to apply to set it aside under s.120 and/or s.121 of the Bankruptcy Act
  • Naudi v Reid as Trustees of the Bankrupt Estate of Albarouki v Albarouki (No.2) [2019] FCCA 2187;
  • Cooper v Fernihough, in the matter of the bankrupt estate of Phillip George Fernihough [2019] FCA 727
● The Application of s.60 and whether the Trustee should make an election to continue with a Property Application;
● Leave to proceed matter, is it necessary under s.58(3) of the Bankruptcy Act
  • Stojanovski v Stojanovski
  • Consideration of s.120 and/or s.121 of the Bankruptcy Act in Stojanovski v Stojanovski
● Trustees of the Property of Batavia & Batavia & Ors
● Kerr as trustee of the property of Janice Mary Kehlet (a bankrupt) v Kehlet
● Rahman & Rahman [2020] FamCAFC 279 – provable debt issue
● Walford & Bantock and Anor [2020] FamCAFC 210 – Bankrupt defacto partner prevented from making submissions as to equitable interest

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​Hannah Griffiths
Head of Restructuring & Insolvency, Gilchrist Connell
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Eddie Senatore
Principal
​Eddie Senatore Advisory
​

SME Insolvency Reforms - Corporations Amendment Bill 2020
​

Why is a Corporate Topic on my bankruptcy program? It’s not bankruptcy, of course, but big changes are coming and even bankruptcy specialists will be interested to hear what’s happening. As I write this the legislation is still in draft form and there is no sign of the crucial regulations so there are a lot of unknowns!
  • Will there be a new class of practitioner - the SBRT?
  • Remuneration arrangements
  • Personal liability of practitioners
This session will take you through the very latest on what we do know, on the day.

Workshops

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Megan Zhou
Principal, Austin Core Legal Pty Ltd
Realisation Issues and Practical Tips for Trustees in Bankruptcy

2.5 hours CPD
  • Step by Step guide on how to deal with Strata Levies in Bankruptcy
  • Deed of Sale/Assignment/Transfer/ Relinquishment/ Disclaimer? What are the differences?
  • Dealing with protected interest s116(2)(ca) Bankruptcy, what not to do
  • Practical Conveyancing tips and Land Tax issues (problems and solutions)
  • Dealing with other realisations and question time 
​

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Bob Cruickshanks 
Personal Insolvency Consultant

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Daniela Naidenov
Principal, Daniela Fazio Lawyers
​

Practical Strategies for Successful Outcomes

4 hours CPD
​

Daniela and Bob deal in-depth with some of the complex areas posing the greatest concerns for practitioners, including:

Dealing with cranky creditors and challenging bankrupts, including but not limited to:
  • Strata levy bankrupts
  • Bankrupts with mental health issues

Caveats – When should a Trustee in Bankruptcy lodge a Caveat and what should a Trustee in Bankruptcy consider when challenging Caveats?/ When and why should a trustee disclaim a bankrupt’s property?

Family Law/Insolvency matters – Co-owned property, family loans.
 
Remuneration – What AFSA considers reasonable and unreasonable and the common errors AFSA may identify during its inspections.
 
Additional topics:
  • Section 66G Trustees for Sale: Appointment of Trustee of the bankrupt estate plus another registered trustee:
  • Role & duties of the section 66G Trustees [see: James & Ors v James (No. 2) [2019] NSWSC 116 (20 February 2019)]
  • A judgment which can be shown to the non-bankrupt owner to convince them to join the trustee in the sale of the property jointly owned with the bankrupt, viz: Hundy v Turner [2019] NSWSC 1881 (20 December 2019)
  •  Section 146 Applications: What the Court expects the Trustee to have done trying to get the bankrupt to file their Statement of affairs [see: Quin as trustee of the Bankrupt Estate of Philip Chill [2020] FCCA 2652 (23 September 2020)]
  • International bankrupts: Debts incurred overseas then registered in Federal Court as a prelude to issue of bankruptcy notice, creditor’s petition & making of Sequestration Order [see  ACW v Du Bray (No 2) [2020] FCA 994 (16 July 2020)]
  •  Trustees to maintain a courteous professional approach when dealing with opposing solicitors. [see: Campbell v van der Velde as trustee of the bankrupt estate of Marilyn Anne Rowan, in the matter of Rowan (No 2) [2020] FCA 823 (12 June 2020)]
  •  Unusual Family Court matters :
  •  2 ex-defacto wives, Liquidators and ATO asserting ownership of 4 properties in Federal Court which transferred the matter to the Family Court [see:  Yeo, in the matter of Armstrong and Shaw Pty Ltd (in liq) v Whiteman [2020] FCA 849 18 June 2020)]  
  • Liquidator’s insolvent trading claim against director in Federal Court transferred to Family Court for determination in conjunction with director’s ex-wife’s property settlement claim. [see Shepard, in the matter of Grainpro Pty Ltd (in liq) v Bonfante [2020] FCA 1618 (9 November 2020)]
  • Insolvency Law Reform: Where are we at today and what is needed? 



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  • Previous Events
    • Bootcamp 2019
    • Bootcamp 2018
    • Insolvency 2018
    • Insolvency 2017
    • Insolvency 2016
    • Insolvency 2015
    • Bankruptcy 2018
    • Bankruptcy 2017
    • Bankruptcy 2016
    • Bankruptcy 2015
    • Bankruptcy 2014
  • Category