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Recorded Webinars

Recorded Webinar: The Impact of Insolvency on the Family Law Asset Pool

After a challenging two years, it is inevitable that some family law clients may be staring down the barrel of bankruptcy or insolvency. This session examines insolvency and its impact on property settlements, with a focus on the new insolvency reforms. It covers:
PRESENTED BY Stephen Mullette Principal - Matthews Folbigg Lawyers , Parramatta

Date/Time

About the Webinar

After a challenging two years, it is inevitable that some family law clients may be staring down the barrel of bankruptcy or insolvency. This session examines insolvency and its impact on property settlements, with a focus on the new insolvency reforms. It covers:

  • Property interests where one party is bankrupt:
    • balancing the interests of the non-bankrupt spouse and creditors
    • what orders can be made in respect of property vested in the trustee?
    • doctrine of exoneration
    • treatment of loan accounts
  • Unpacking the new insolvency reforms to support small business:
    • the introduction of a new debt restructuring process for incorporated businesses with liabilities of less than $1 million
    • moving from a one-size-fits-all “creditor in possession” model to a more flexible “debtor in possession” model
    • development of restructuring plans – timeframes and requirements
    • a simplified liquidation pathway for small businesses to allow faster and lower cost liquidation
    • the practical implications of the reforms for family law property settlements

Presented By

Stephen Mullette
Principal, Matthews Folbigg Lawyers Parramatta, NSW

Stephen is a specialist insolvency and financial restructuring practitioner.

He has extensive experience in all forms of both corporate and personal insolvency, including bankruptcy, liquidations, voluntary administrations, receiverships, as well as informal and formal financial restructuring. He regularly advises and represents insolvency practitioners and also personal and corporate creditors and debtors in relation to insolvency and restructuring matters.

Stephen regularly appears in Federal, Family and State Supreme Courts on behalf of insolvency practitioners in respect of legal issues involved with insolvency administrations, including trust and property disputes and the recovery of voidable transactions under the Bankruptcy and Corporations Acts.

He also advises on asset protection and acts for individuals and corporations in dealings with insolvency practitioners, negotiating deeds of company arrangement, personal insolvency agreements and compositions, and claims for the recovery and sale of real property as well as disputes over voidable transactions, insolvent trading, and director’s duties as well as the interaction of Family Law with insolvency.

Who Should Attend?

This webinar is suitable for lawyers practising in family law – Australia wide. This webinar is for practitioners with some knowledge in this area and looking to improve their knowledge.

CPD Information

Lawyers can claim up to 1 CPD unit/point – substantive law . This webinar has been designed to run for 1 hour, however, webinar lengths can vary depending on the level of questions and discussion.

WA lawyers – From 1/4/2021, due to changes to your CPD requirements we are unable to verify your completion of recorded webinars to the Legal Practice Board of WA.

Enquiries/Assistance

If you need assistance or have an enquiry, please do not hesitate to contact our Webinar Coordinator, Lisa Tran on (03) 8601 7709 or email: [email protected]

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