Essential Skills: Insolvency Law
Drafting contracts for insolvency practitioners

In receiverships and external administrations, it’s important to understand and appreciate the special aspects and requirements of contracts to which insolvency practitioners and the companies to which they are appointed are party.

In this course you will learn the practical issues of drafting contracts for insolvency practitioners, including the standard clauses and protections which are ordinarily included and why they are necessary.

This course will also focus on drafting deeds of company arrangement (DOCAs), covering the important legal aspects of the content and terms (e.g. termination clauses).

Learning objectives

At the end of this course you will understand:

  • The power and capacity of insolvency practitioners to enter into contracts for and on behalf of a company
  • Various types of common contracts which insolvency practitioners enter into.
  • The agency of an insolvency practitioner and its implications for contracts.
  • Standard clauses which are often required to protect the interests of the insolvency practitioner, the company and its creditors.
  • The claims of a counterparty under a post-appointment contract or agreement.
  • Execution clauses, including where the company is a trustee.
  • The different types of DOCAs.
  • Standard clauses in DOCAs including termination events and matters for consideration when drafting them.

Prerequisites

We recommend you complete the Introduction to Insolvency Program, or have one year of on-the-job experience prior to attending this course.

Course format

A two-hour presentation covering the theory, plus at least one practical exercise to ensure understanding of the issues.

Cost

Members & non-members: $199 (GST incl.)

CPE

Up to 2 CPE hours. 

Please see our enrolment and cancellation policy. For further information contact our education team.