Essential Skills: Insolvency Law
Legal issues in trade-ons 

This course provides an overview of a number of common legal issues which external administrators and receivers may face when trading on the business of a financially distressed company.
Trading on a distressed business presents administrators and receivers a large number of potential legal issues.

This course covers a range of common legal issues on which an administrator or receiver may seek legal advice when trading on, including duties and personal liability, contracts (termination, ipso-facto stay, set off, liens), ransom payments and employment issues.

Learning objectives

At the end of this course you will understand:

  • The legal duties and personal liabilities when trading on.
  • Contracts, including termination rights and the new ‘ipso facto’ stay; set-off rights of contractual counterparties; and liens.
  • Ransom payment demands by creditors.
  • Employment issues: termination, hiring and continuing employment contracts.
  • Workplace health and safety laws.
  • Retention of title.
  • Personal Property Securities Act (PPSA) issues.
  • Tax law issues.

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.)

CPD

Up to 2 CPD hours. 

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