Corporate Restructuring and Insolvency Essentials

Are you a practitioner looking to sharpen your skills in corporate restructuring and insolvency? Do you need clarity on statutory demands, Liquidations, receiverships and restructuring options - when to use them, how to respond? Examine key restructuring options like creditors' compromises and navigate the complexities of bankruptcy, including the powers of the Official Assignee. Hear from a line-up of leading insolvency experts as they address the key questions needed to elevate your practice to the next level.

Friday, 14 March 2025
Description

Attend and earn 4 CPD hours

Chair:

Murray Tingey, Barrister

10.50am to 11.05am Morning Tea
11.30am to 12.25pm Restructuring: Options Including Creditor Compromise

 

  • Day one of a company in receivership/administration/liquidation
  • Dealing with a licensed insolvency practitioner, including the process of formal meetings
  • Restructuring options, including creditors compromise and deed of company arrangement
  • Case study 

Presented by Kare Johnstone, Partner, McGrathNicol 

12.25pm to 1.15pm The Effect of Bankruptcy and the Process: Practical Insights from the Official Assignee

 

  • Official Assignee role and powers
  • The effect of Bankruptcy and the process
  • Issues that can arise during Bankruptcy
    • Dealing with jointly owned assets
    • Assets acquired during bankruptcy
    • Early release from bankruptcy
    • Second bankruptcy: how is that dealt with
  • Powers of the Office Assignee to conduct searches
  • No Asset Procedure: what is involved and how it works
  • Debt Repayment Order
  • Prosecution 

Presented by Russell Fildes, National Manager for the Insolvency and Trustee Service and the Deputy Official Assignee for New Zealand, Official Assignee

Learning Objectives:
  • Learn how to use statutory demands and how to respond to them
  • Understand the differences & approach to liquidations, receiverships and VA’s
  • Gain insights into recent case law on equitable liens over goods
  • Understand view of restructuring and creditor compromise as an available option
  • Overview of the effect of bankruptcy and its process 
9.00am to 9.50am Statutory Demands: How to Use Them and How to Respond

 

  • Obligations when issuing
  • Applications to set aside
  • When to use them / alternative enforcement options 

Presented by Glen Holm-Hansen, Partner, Hesketh Henry

9.50am to 10.50am Liquidations, Receiverships and VA’s: Important Differences and Current Approach

 

  • Dealing with liquidations, receiverships, and administrations: what you need to know
  • Voidable transactions, voidable charges, and other liquidator recoveries: current approach taken by the courts
  • Priorities: fundamentals and equitable liens
  • Creditor claims and dealing with securities
  • How to advise your insolvent client on best option 

Presented by Murray Tingey, Barrister 

11.05am to 11.30am Equitable Liens Over Goods: The Current State of Play

 

  • Explore the evolving landscape of equitable liens and gain an insightful session on purchasers' equitable liens over goods
  • Focus on their impact in insolvency situations, the balance of rights between creditors and purchasers, and practical implications for securing goods. 

Presented by Liz Gellert, Partner, Lowndes Jordan

Presenters


Murray Tingey, Barrister
Murray is a commercial litigator and insolvency specialist with extensive knowledge and experience on all matters related to insolvency and debt recovery. He regularly acts for liquidators, receivers, directors and debtors. Murray regularly speaks at specialist conferences and is a contributing author of Heath and Whale on Insolvency. Murray has been recently been named as New Zealand lawyer of the year in insolvency and restructuring law in the Best Lawyers Guide 2021. He has also been named as a Leading Insolvency & Restructuring Barrister – New Zealand, 2020 by Doyles Guide and has been rated in the top tier of insolvency litigators in all the other major directories. Murray was at Bell Gully for over 20 years and was head of its litigation and insolvency departments. Earlier in his career, Murray spent three years with Clifford Chance in London, where he specialised in banking and insolvency litigation.


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).


Liz Gellert, Partner, Lowndes Jordan
Liz is a Partner at Lowndes Jordan focusing on commercial litigation and insolvency. She has acted for corporates, insurance companies, banks, and finance companies, and insolvency practitioners. In addition to having extensive experience delivering contentious and strategic legal advice, Liz worked in-house at ASB Bank for nearly four years leading the Disputes and Regulatory Change legal team and later as Acting General Manager of the Legal Services team. She has hands-on practical knowledge of providing legal advice to both in private practice and a corporate environment.


Kare Johnstone, Partner, McGrathNicol
Kare is a Fellow Chartered Accountant and a Licensed Insolvency Practitioner with more than 20 years of experience. Kare joined McGrathNicol in 2010 and specialises in restructuring and advisory, including forensic services. Kare’s experience covers a wide range of industries, including but not limited to financial services, retail, manufacturing and property. She has worked on high profile engagements such as CBL Insurance, Dick Smith, Huka Lodge, Nandos, and South Canterbury Finance. Kare is also involved in providing independent business reviews to get to the core of business issues, identifying key risks to businesses, and working with management to develop and implement strategies tailored on a business-by-business basis. Kare has also conducted search orders issued by the High Court of New Zealand and has been retained by various clients to investigate potential claims and provide litigation support, including mediation, arbitration and expert evidence.


Russell Fildes, National Manager and Deputy Official Assignee in New Zealand, Insolvency and Trustee Service
Russell leads the Insolvency and Trustee Service (ITS) which as the Official Assignee administers all bankruptcies, no asset procedures and debt repayment orders in New Zealand. The Official Assignee also gets appointed as liquidator, interim liquidator, administrator of insolvent deceased estates and as receiver under the Insolvency Act 2006 by the Court. Russell has worked in the insolvency industry for over 15 years predominantly with ITS but also with PwC and is a Chartered Accountant.

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Corporate Restructuring and Insolvency Essentials

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Single Session
Friday, 14 March 2025
9.00am to 1.15pm New Zealand
CPD Hours 4
$420.00
Online 20241120 20250314

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