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SHORT COURSE

Insolvency Law Update

Join us virtually at UTS to hear from leading practitioners and academics on current insolvency issues for small and medium business advisors, including asset protection and legislative changes. Update your knowledge base of established and new insolvency regimes, with valuable insights in advising on the important decisions facing insolvent clients.

About this course

Temporary insolvency law responses to COVID-19 that were introduced in 2020 have now been replaced with more comprehensive reforms. These reforms are particularly important to small and medium businesses and their advisors. They include new debt restructuring plans, a new simplified liquidation process and a new class of specialist restructuring practitioner.

In this legal CPD course, participants will hear from leading experts about the new debt restructuring plans for small to medium enterprises (SMEs) and related developments in insolvency law. You will review the corporate insolvency reforms and associated processes, including small business restructuring, acts of insolvency since COVID-19, the new class of restructuring practitioners and management of debt restructuring plans.

Our speakers will also provide an update on voluntary administration with examples involving SMEs and examine the benefits of utilising the voluntary administration and deed of company arrangement regimes.

Asset protection strategies, and how the structuring of entities and taxation or superannuation considerations can help shape those strategies, will also be discussed.

Key benefits of this course

This short course has been designed to give participants:

  • Insights into current issues and legislative updates in the area of insolvency law
  • Knowledge of the new debt restructuring plans for SMEs
  • Continuing Professional Development (CPD) - For NSW lawyers, the Law Society of New South Wales advises: "If this particular educational activity extends your knowledge and skills in areas that are relevant to your practice needs or professional development, then you should claim one (1) "unit" for each hour of attendance, refreshment breaks not included."

Price

Full price: $484 (GST-free)*

*Price subject to change. Please check price at time of purchase. 

Discounts are available for this course. For further details and to verify if you qualify, please check the Discounts section under Additional course information.

Enrolment conditions

COVID-19 response 

Additional course information

Course outline

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.

Course learning objectives

This short course will equip participants with:

  • Updates on the new small business insolvency and restructuring procedures
  • A general understanding of insolvency
  • Insights into the benefits and the mechanisms of voluntary administration
  • Valuable advice about asset protection strategies, including tax, superannuation and business entity considerations
  • An understanding of the motivation and interests of stakeholders such as the Australian Taxation Office, creditors, employees or trust beneficiaries.

Requirements

Mandatory

This course will be facilitated online using Zoom, with course materials provided via the Canvas LMS. You will need:

  • Access to a computer or device with a reliable internet connection
  • Operating system compatible with Zoom and a web browser compatible with the Canvas LMS
  • Speakers or headphones for audio
  • Microphone and video camera functionality (optional but recommended).

Discounts

Discounts are available for this course as follows: 

  • Multiple enrolments from the same organisation: 10-15% discount
  • UTS staff, alumni and current students: 10% discount with voucher codes UTS Student / Alumni: Lawalumni

Discounts cannot be combined and only one discount can be applied per person per course session. Discounts can only be applied to the full price. Discounts cannot be applied to any offered special price. 

Multiple enrolments from the same organisation

To take up this offer, email law.shortcourses@uts.edu.au with:

  • Your organisation’s name
  • The course name and date 
  • The number of people you’ll be enrolling (minimum of 2 participants).

How to enrol and obtain your UTS staff discount

Please contact the team at support@open.uts.edu.au to clarify payment options and the 10% staff discount code.

How to apply your discount voucher 

  • If you are eligible for a UTS alumni or student discount, please ensure you have provided your UTS student number in your UTS Open Profile(under “A bit about you”). If you are an alumni and have forgotten your UTS student number, email support@utsopen.uts.edu.au with your full name, UTS degree and year of commencement.  
  • Add this course to your cart 
  • Click on "View Cart" (blue shopping trolley at top right of screen). You will need to sign in or sign up to UTS Open 
  • Enter your eligible code beneath the “Have a code?” prompt and click on the blue "Apply" button 
  • Verify your voucher code has been successfully applied before clicking on the blue "Checkout" button.

Contact us

Who is this course for?

This short course is suitable for, but not limited to:

  • General practitioners completing continuing legal education
  • Commercial law and insolvency specialists
  • Franchise advisors
  • Directors of small and medium enterprises (SMEs)
  • Chief financial officers (CFOs)
  • General counsel
  • Solicitors in general practice
  • Government or agency lawyers.

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