IPA Parramatta Discussion Group – Phoenix Activity Presentation

Ben Sewell will be presenting a seminar on phoenix activity to the IPA Parramatta Discussion Group. The questions for discussion will include the following:

  1. What is phoenix activity and why are we reading about it more now?
  2. What are the legal penalties for phoenix activity?
  3. Why isn’t there a specific law against it? Why isn’t there a definition of phoenix activity in the Corporations Act?
  4. Who is the big loser with phoenix activity? How much does it cost?
  5. What is the controversy regarding “pre-pack insolvency arrangements”? Can it really be legal to transfer an insolvent business to a related party?
  6. Tell us about valuation. What is the level of consideration required?
  7. Insolvency practitioners have gotten the pointy end of the stick with phoenix activity – can you tell us about the Franklin case?
  8. There is a lot of material about “phoenix operators” – what does phoenix activity look like? Who are these people and their clients?
  9. Tell us about Plutus payroll – did they really get away with $165 million? How did they do it?
  10. There is a case of a solicitor being accused of phoenix activity – what happened in the case?
  11. What is the direction of government policy going forward? How do you think the law will develop in this area?

Upcoming educational seminars

  • UNSW CLE: Updates on Personal Property Securities and Insolvency

    CPD Units: 4 Objective: This seminar will cover important recent PPS cases and consider how they fit into the development of PPS law, PPSA registration issues, the insolvent trading safe harbour, pre-pack arrangements and illegal phoenix activity. Knowledge area: Substantive law Program: 8:30-9:30am – Key recent PPS cases with Graeme Tucker and Sharon Burnett (Clayton […]

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