Seminars

Cowell Clarke offers a wide range of informative seminars for the benefit of our clients and their staff. The topics comprising the seminars are presented by a variety of our solicitors and the seminars can be held in our client’s offices or our own.

Should you be interested in arranging seminars please contact either Robert Comazzetto or Jamie Watts by telephone on 82281111 or by email – rcomazzetto@cowellclarke.com.au or jwatts@cowellclarke.com.au

If more convenient please fill in the form at the bottom of the page and click submit.

Some of the topics available are:-

Retail Electricity Contracts - Impact on Insolvency Practitioners
This seminar explains some of the mysteries of the electricity market in South Australia and outlines the pitfalls that will face insolvency practitioners in the event that a company they are appointed to does not have a retail electricity contract come 1 July 2001.

Re-selling Electricity to Tenants - Landlords Beware!
Do you understand the obligations that now rest on a landlord as it continues to sell electricity to its tenants in the newly deregulated electricity industry? This seminar explains the Regulations and their impact on landlords and explores some practical solutions for landlords.

Protection of Employees
The Employee Entitlement Support Scheme protects employees of insolvent companies by providing financial support for entitlements that would otherwise not have been paid. This seminar outlines the critical aspects of this scheme for an employee to successfully recover such entitlements. It also discusses the significance of Part 5.8A of the Corporations Law and potential problems for establishing liability on behalf of the employer.

Landlords Rights – Insolvency Administrations
By virtue of the Real Property Act 1886 South Australian landlords of commercial rental properties have an implied power in every lease to distrain for unpaid rent. This seminar explains important aspects of the Corporations Law and clearly outlines instances where exceptions apply and landlords cannot distrain for unpaid rent.

Receivers and Managers: Some Aspects of their Duties and Liabilities
The Corporations Law imposes several duties upon receivers and managers. Receivers and managers must exercise their powers in good faith, in the best interests of the corporation and exercise the degree of care and diligence that a reasonable person in a like position in a corporation would exercise. This seminar highlights the changing nature of interpretation by English and Australian courts towards imposing broader duties upon receivers and managers.

Priority of Charges
The general law in relation to priority has been modified by the Corporations Law and other statutes. This seminar sets out some of the general law rules of priority which apply to legal and equitable interests in property. It also explains the order of priority as between registrable and non-registrable charges.

Directors’ Duties in the 21st Century
The Corporate Law Economic Reform Program amendments to the Corporations Law have resulted in new directors’ duties found in section 180 and 181. This seminar discusses the reasons for the reform and explains the addition of the business judgment rules and its ability to allow directors to operate safely and efficiently.

Retention of Title Clause/Associated Alloys Decision
A Retention of Title (ROT) clause attempts to separate title and possession in goods sold. Such clauses often attempt to create rights in proceeds from the sale of such goods. This seminar explains the High Court decision of Associated Alloys and in particular, its interpretation of the ROT clause. It also outlines some of the consequences of the decision.

GST and Insolvency Administrations
The Goods and Services Tax (GST) applies as of 1 July 2000. A representative of an incapacitated entity (a trustee in bankruptcy, liquidator, receiver, manager, administrator) is required to be registered if the entity is registered or required to be registered. This seminar outlines the personal liability of the representative and some of the duties he or she is expected to fulfil.

Arbitration and Mediation and its Application to Insolvency
The role of Alternative Dispute Resolution (ADR) in regard to matters of insolvency is quite new. This seminar outlines the process, advantages and disadvantages of arbitration and mediation in insolvency matters. Importantly, this seminar highlights the high rate of settlement of commercial litigation matters through arbitration or mediation and the benefits of time and cost savings.

Federal Magistrates Court of Australia
The Federal Magistrates Court of Australia (FMC) was created in 1999 to provide a simpler, informal, cheaper and quicker way to deal with bankruptcy and other Federal matters. This seminar explains the jurisdiction and powers of the FMC. Some of the features of the court including matters of representation, appeals and general court procedures are also illustrated.

Section 596 Examinations
Under sections 596A and 596B of the Corporations Law a liquidator, administrator or other persons authorised by ASIC can summon certain persons for examination about a corporation’s examinable affairs. Such examinations are used when information is required for the purposes of relevant administration, such as to sue the examinee or some other person. This seminar explains what affairs are examinable, when an examinee is an examinable officer, how such examinations are obtained and the conduct procedures of such examinations.

Unconscionable Conduct in Business Transactions
Unconscionability is the unlawful exploitation by a stronger part of an evident disability or disadvantage suffered by another party. This seminar discusses certain factors that a Court may consider when determining whether a party has taken unfair advantage of another party. It also outlines the remedies available for unconscionable conduct and several high risk situations or arrangements.

Golden Rules of Marketing and Advertising
The Trade Practices Act (Cth) 1974 (“TPA”) provides that corporations must not engage in conduct that is misleading or deceptive or is likely to mislead or deceive in the course of trade and commerce. This seminar illustrates what types of conduct constitute misleading conduct and provides common examples of such conduct in the commercial environment. It also outlines some of the consequences of a breach of the TPA.

Preparation of a Brief for the Recovery of Unfair Preferences
For a liquidator to successfully bring an action for the recovery of an unfair preference, it must be shown that the transaction was an unfair preference, an insolvent transaction and a voidable transaction. This seminar outlines the evidence that the brief provided by a liquidator to his or her solicitors must contain. It also explains the defences to a claim for recovery of unfair preferences.

Proving Insolvency
The long standing test for proving insolvency is to determine whether the company in question was able to pay its debts when they became due and payable. The seminar discusses what may amount to insolvency such as a deficiency of working capital and a continuing deterioration in financial position. It also explains how the courts have defined when a debt becomes due and payable.

Insolvent Corporate Trustees
Often, a company in liquidation has acted as a trustee of either a holding or trading trust. In such cases a liquidator must be mindful of such circumstances and thereby deal with such property in accordance with both the Corporations Law and the principles of equity as they relate to trusts. This seminar explains some basic principles regarding what a trust is, when a trustee is liable and the trustee’s right to be indemnified out of the assets of the trust. It also outlines some recent discussions regarding the payment of liquidator’s fees.

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