Essential Skills: Insolvency Law
Appointment issues – administrators, receivers & liquidators

The valid appointment of a voluntary administrator, liquidator or receiver is the critical first step in commencing these insolvency procedures.

Overlooking – or not correctly understanding – the legal requirements of an insolvency practitioner’s appointment can lead to challenges to the validity of the appointment and undermine an external administration process.

This course explains the legal and technical requirements to validly appoint an administrator and voluntary liquidator, and will also cover receiver appointments. You’ll learn the legal implications and consequences when these requirements are not met, as well as options for fixing a defective appointment.

Learning objectives

At the end of this course you will understand:

  • The statutory requirements for the valid appointment of a voluntary administrator and liquidator in a creditors’ voluntary liquidation.
  • Case law on challenges to the validity of directors’ resolutions to appoint voluntary administrators and the effect of a voluntary administration on a pending winding-up application (s 440A).
  • The implications of an invalid appointment of an external adminsitrator.
  • Transitional appointments under legislation and DOCAs.
  • How liquidators and administrators can be removed and replaced by creditors.
  • An overview of the requirements for the appointment of receivers.

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.