Essential Skills: Insolvency Law
Public examinations

One of a liquidator’s key roles is investigating the affairs of the company which is being wound up.

Public examinations provide a powerful tool for liquidators’ investigations.

This course covers a range of issues about public examinations in corporate insolvency administrations, including purpose, who can be examined, receivers’ use, challenges, conduct, production of books and records, privilege and subsequent use of information obtained.

Learning objectives

At the end of this course you will understand:

  • Purposes of public examinations under the Corporations Act.
  • Mandatory and discretionary examinations.
  • Eligible applicants for examination summons.
  • Receivers’ use of public examinations (applications to ASIC for authority).
  • Challenges to public examinations: ‘Proper purpose’ and abuse of power/process.
  • Different purposes of s 596A examinations of liquidator as ‘officer’ and s 536 inquiries into a liquidator’s performance of duties.
  • Conduct of examinations and production of books.
  • Privilege against self-incrimination and legal professional privilege.
  • Use of testimony and evidence obtained at an examination.

Who should attend?

Lawyers practising in insolvency law, in-house counsel and insolvency practitioners with an interest in this area of law.

Prerequisites

We recommend participants complete the Introduction to Insolvency Program, or have at least one year of insolvency experience, prior to attending this course.

Course format

A two-hour presentation covering the key principles, including one practical exercise (20-30 minutes) which will involve applying the law to a factual scenario.

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.
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