The field of insolvency is very fluid, especially of late. This module will be regularly updated to allow us to deal with current issues in both personal and corporate insolvency. The Federal government has of late proposed many changes to the insolvency legislative landscape and we will discuss the effect of some of those proposed changes.
Duration: Ongoing
Seats remaining: Unlimited
Tuition: $ 110.00
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This module will take you through how legislation is made, administered and interpreted in Australia. The intention is to give you an insight into the system of laws we operate in Australia and for you to appreciate the process when dealing with legislation. Further it will look at the administration of laws, specifically in the insolvency jurisdiction, both personal and corporate. We will look at the regulatory bodies and their roles.
Duration: Ongoing
Seats remaining: Unlimited
Tuition: $ 110.00
Duration: Ongoing
Seats remaining: Unlimited
Tuition: $ 88.00
The core of any discussion in this area is the definition of insolvency. In this module we will look at that definition as it appears in the legislation relevant to both personal and corporate insolvency. We will then review how the courts in their capacity as interpreters of the law have dealt with it. In effect applying some of the lessons from Module 1 to your specific area of interest, insolvency.
Duration: Ongoing
Seats remaining: Unlimited
Tuition: $ 110.00
Duration: Ongoing
Seats remaining: Unlimited
Tuition: $ 88.00
In this module we will look at Voluntary Administration, one of the recommendations of the Harmer Report. We will see how this form of external administration is designed to provide the insolvent company some breathing space to decide whether to trade out of their dilemma or to go into liquidation. Further we will look at whether the good intentions of providing an alternative external administration has been successful.
Duration: Ongoing
Seats remaining: Unlimited
Tuition: $ 110.00
Our initial look at liquidation will involve a review of the ability of the shareholders of a company to bring its operation to an end by a Members Voluntary Liquidation. Further we will examine why Provisional Liquidators are appointed; is it merely to provide protection to secured assets? And who may make an application to the court for their appointment.
Duration: Ongoing
Seats remaining: Unlimited
Tuition: $ 110.00
Duration: Ongoing
Seats remaining: Unlimited
Tuition: $ 88.00
In this module we will look at the most common form of Liquidation – Compulsory Liquidation. This form of liquidation usually arises from actions by creditors of the company. We will look at the duties of the liquidator as well as the process of bringing such a matter before the court. In doing so we will review the use of Statutory Demands in this space and the role of the liquidator and their duties and obligations.
Duration: Ongoing
Seats remaining: Unlimited
Tuition: $ 110.00
Duration: Ongoing
Seats remaining: Unlimited
Tuition: $ 88.00
The issues enumerated in this module are issues that are uppermost in a Liquidators mind after appointment. As such they are also issues that lead to litigation. We will look at the need for Creditors meeting and their rules. Further we will look at the ability of Liquidators to look into the past operations of an insolvent company regarding preferential payments and voidable transactions in their quest for providing the best outcome for creditors.
Duration: Ongoing
Seats remaining: Unlimited
Tuition: $ 110.00
Duration: Ongoing
Seats remaining: Unlimited
Tuition: $ 88.00
Duration: Ongoing
Seats remaining: Unlimited
Tuition: $ 88.00
This module we will look at the one external administration that does not require the initial intervention of the court. The appointment of a Receiver is controlled by the contractual relationship between the secured creditor and the debtor. This then raises the question what obligations a receiver owes to other creditors. We will look at the process of appointment of a receiver and their duties and obligations. Further we will look at the rare case of a court appointed receiver. Finally, we look at the relationship between the appointing secured creditor and the Receiver.
Duration: Ongoing
Seats remaining: Unlimited
Tuition: $ 110.00
After looking at corporate insolvency we move to personal insolvency. Noting that the definition of insolvency is the same in both jurisdictions.
We will look what steps are required for a person to become bankrupt, what limits bankruptcy will place on an individual and the administration required.
Duration: Ongoing
Seats remaining: Unlimited
Tuition: $ 110.00
Duration: Ongoing
Seats remaining: Unlimited
Tuition: $ 88.00
Similar to corporate insolvency we will look at alternatives to the finality of bankruptcy. Chapters IX and X of the Bankruptcy Act provide options to those individuals who are insolvent but may be able to negotiate their way back to solvency. We will look at the preconditions and the procedures in both instances.
Duration: Ongoing
Seats remaining: Unlimited
Tuition: $ 110.00