About the webinar
If the daily Federal Court lists are anything to go by, the ATO has substantially increased its winding up activities in relation to recalcitrant companies. Understanding how to advise clients faced with financial difficulty is the focus of this session:
- Conducting a solvency review
- Forms of insolvency
- What amounts to a “concession of insolvency?”
- Company’s ability to pay debts as they become due – is the future relevant?
- When does a debt become due – can inferences be made?
- Receiving financial support from a related party – requirements to prove solvency
- Trading while insolvent – understanding the warning signs and penalties for insolvent trading
- Specific issues in relation to tax debts:
- understanding Director penalty notices
- how to respond to them
- position where no agreement reached
- position with unpaid PAYG relating to directors’ salaries
- Improved powers of regulator to deal with corporate insolvency
- Dealing with insolvency administrators
Who should attend
This webinar is suitable for lawyers practising in business law – Australia wide. This webinar is for practitioners with some knowledge in this area and looking to improve their knowledge.
Stewart Maiden, Barrister, Victorian Bar, Melbourne
Stewart is the chair of the Insolvency Law Section of the Commercial Bar Association of Victoria. His practice practice focuses on insolvency (cross-border and domestic), finance-related matters and large commercial disputes.
Before signing the Bar Roll, he practised as a solicitor with Blake Dawson Waldron (now Ashurst) and with Gadens Lawyers.
Stewart is a widely-published author. He edited, and contributed chapters to, the book Insolvent Investments (LexisNexis, 2015). He serves on the Editorial Board of the Insolvency Law Journal, and has published articles in journals including the Australian Law Journal, International Corporate Rescue, the Insolvency Law Journal, the Company and Securities Law Journal and the Australian Bar Review. Several of his articles have been cited in superior court judgments.
He is a Fellow of INSOL International (having passed INSOL's Global Insolvency Law & Practice Course with honours, achieving the highest result of the class of 2009-10), and a member of the Law Council of Australia's Insolvency and Reconstruction Law Committee, and the Australian Restructuring, Insolvency and Turnaround Association