8TH ANNUAL NATIONAL PRACTICAL BANKRUPTCY CONGRESS
Recordings Of The December 2020 Program & Workshops Are Now Available
Please Select From The Four Available Options:
- Bankruptcy Congress 2020 Presentations: $638.00 (Inc GST)
- Half Day Congress Workshop: $319.00 (Inc GST)
- Full Day Congress Workshop: $473.00 (Inc GST)
- The Lot: Congress & Workshop Package: $1,111.00 (Inc GST)
Click the Option you would like and proceed straight to the PayPal payment, or you can read more details below.
Bankruptcy Congress 2020 Presentations
Includes full access to all Bankruptcy 2020 Congress presentation videos recorded live on Monday 7th December at the Wesley Conference Centre, Sydney
8 Hrs CPD
8 Hrs CPD
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Bankruptcy Congress Session 1:
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Bankruptcy Congress Session 2:
Colin Brown, Partner, O’Neill Partners Lawyers Scout Corp Promo |
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Bankruptcy Congress Session 3:
Ann Jewitt, CEO, Workplace Mental Health Consulting Daniela Naidenov, Principal, Daniela Fazio Lawyers |
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Bankruptcy Congress Session 4:
Sally Nash, Consultant Solicitor, O’Neill Partners Lawyers Stephen Mullette, Principal, Matthews Folbigg Lawyers
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.
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.
"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:
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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 interest 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
● 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 realizations and question time
Full Day Congress Workshop
'Practical Strategies For Successful Outcomes'
4 Hrs CPD
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Workshop Leaders:
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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:-
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)]
- Insolvency Law Reform: Where are we at today and what is needed?
- Revision Topics: Open discussion.
Full Package - Bankruptcy Congress 2020
Full Package Includes:
- Bankruptcy Congress 2020 Presentations
- Full Day Congress Workshop
- Half Day Congress Workshop
-14.5 Hrs CPD
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
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Daniela Naidenov
Principal Daniela Fazio Lawyers |
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:
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Stephen Mullette
Principal Matthews Folbiggs Lawyers |
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:
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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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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:
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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:
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Mental Health Issues for Practitioners and Bankrupts - Panel Discussion
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.
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Michelle Painter SC
9 Selborne Chambers |
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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Family Law Update - Experts in Conversation
● A Financial Agreement is not binding on the Trustee in Bankruptcy;
● Leave to proceed matter, is it necessary under s.58(3) of the Bankruptcy Act
● 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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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!
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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
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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:
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:
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