Debt Recovery and Enforcement Skills

Wanting to elevate your expertise in debt recovery practice? Attend and gain an understanding of some key skills of debt recovery essential for successful recovery practice. Learn how to deal with a dispute & commence recovery proceedings. Gain a thorough understanding of enforcing monetary orders, navigating the liquidation process, & interpreting bankruptcy implications for both individuals and creditors. Finally, consider how to deal with a cross border debt recovery judgement and insolvency.

Wednesday, 19 June 2024
Description

Attend and earn 3 CPD hours

Chair

Charlotte Webber, Partner, Anderson Lloyd

2.00pm to 3.00pm How to Deal with a Dispute with Mediation and Commence Recovery Proceedings


Gain a practical examination of dealing with a dispute, getting the most out of mediation and when and how to commence recovery proceedings in court.

Presented by Glen Holm-Hansen, Partner, Hesketh Henry

3.00pm to 4.00pm Enforcing Judgments: Orders to Pay, Liquidation and Bankruptcy

 

  • Enforcement of orders to pay money: charging orders, orders for examination, sale orders, bankruptcy, liquidation and other options
  • Enforcement of other orders and contempt of court
  • Understanding the liquidation process and the options available to liquidators
  • What bankruptcy means for individuals and creditors

Presented by Sarah Rawcliffe, Partner, Harkness Henry

4.00pm to 4.15pm Afternoon Break
4.15pm to 5.15pm ‘How to’ Guide to Dealing with Cross Border Debt Recovery and Insolvency: NZ and Australia


Starting at the point that there is a sealed judgment (either in Aus or NZ), you will examine:

  • The process of registration of a judgment:
    • How to
    • Which legislation applies
  • Applying for bankruptcy:
    • In which jurisdiction
    • Comparisons between NZ & Aus: advantages and disadvantages
    • The complex question of whether you can be bankrupt in more than one jurisdiction
  • Winding up

Presented by Paul Dalkie, Barrister

Learning Objectives:
  • Learn how to resolve a dispute with mediation
  • Consider when and how best to commence recovery proceedings
  • Gain practical tips to enforcing judgments orders to pay
  • Learn how to seek orders to pay and understand the liquidation process
  • Understand the implication of bankruptcy for debtors and creditors
  • Examine the key steps to dealing with a cross border debt recover and insolvency in New Zealand and Australia

Presenters


Sarah Rawcliffe, Partner, Harkness Henry
As leader of the Harkness Henry litigation team, Sarah is an experienced commercial litigator, advising clients on a broad range of commercial disputes. She frequently advises insolvency practitioners and creditors regarding liquidations, receiverships and compromises, dealing with issues relating to securities, insolvent transactions, director breaches and recoveries. She regularly appears in the District and High Courts and also assists clients with alternative dispute resolution including mediation, arbitrations and out of court settlements.


Glen Holm-Hansen, Partner, Hesketh Henry
Glen Holm-Hansen is a Partner in Hesketh Henry’s construction team. He has more than 14 years’ experience advising on a variety of contentious issues, and in-depth experience in a wide range of complex construction litigation. His practice focuses on all aspects of disputes arising in the construction sector, with a particular focus on insolvency and regulatory matters. He has played leading roles in several of the firm’s largest disputes and takes a lead role in significant matters referred to alternative dispute resolution procedures. He also leads Hesketh Henry’s restructuring and insolvency practice, advising on all aspects of insolvency and turnaround processes and litigation. He is a member of NZSCL (New Zealand Society of Construction Law) and AMINZ (Arbitrators’ and Mediators’ Institute of New Zealand). He co-authored the 2024 edition of New Zealand’s section of Getting the Deal Through (Construction).


Paul Dalkie, Barrister
Paul Dalkie has practised as a barrister for more than 24 years in New Zealand and Australia. He appears in and has appeared in a wide range of civil and commercial cases and arbitrations. Prior to becoming a barrister he practised as a solicitor in Queensland for more than 8 years including at two global firms Blake Dawson Waldron (now Ashurst) and Cannan & Peterson, Sly & Weigall (now Norton Rose Fullbright). He has appeared and argued cases and conducted trials and appeals at all Court's levels, including the Privy Council. His practice has particular emphasis on contract disputes of all kinds, and corporate law, especially insolvency and shareholders and directors disputes. He is admitted to practice in New Zealand, Queensland and Victoria, and in the Federal Courts of Australia.


Charlotte Webber, Partner, Anderson Lloyd
Charlotte specialises in litigation and dispute resolution, with particular expertise in personal and corporate insolvency, debt recovery, and security enforcement. Charlotte also has expertise in dispute resolution between directors, shareholders and trustees, and disputes involving negligent valuations and commercial leasing. Charlotte also advises clients in relation to insurance disputes and disputes under the Construction Contracts Act 2002. Charlotte has appeared in Court at all levels in New Zealand, including in the Supreme Court. Charlotte is a member of the Restructuring Insolvency & Turnaround Association of New Zealand (RITANZ) and the New Zealand Insurance Law Association.

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Debt Recovery and Enforcement Skills

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Afternoon Session
Wednesday, 19 June 2024
2.00pm to 5.15pm New Zealand
CPD Hours 3
$345.00
$345.00
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