ILANZ, In-House Lawyers Association of New Zealand


Kensington Swan - Insolvency Law Update - Auckland

The New Zealand economy is at a cross roads. After a prolonged period of economic growth, the economy grew at its slowest rate in five-and-a-half years during the quarter to June 2019. Several sectors continue to experience challenging trading conditions, particularly the construction and retail sectors. New Zealand’s economy is vulnerable to a number of external risks such as the fallout from the United States-China trade war, a disorderly no-deal Brexit, and energy price shocks. The number of formal insolvency appointments are expected to rise in the coming months.

Join James McMillan (Partner) and Mark Broad (Senior Associate) as they discuss the changing market and take you through the recent developments in insolvency law, including:

  • Should your business be bracing for a recession? If so, how?
  • What are the key take-outs for directors from the Mainzeal decision?
  • What has the Supreme Court recently said about voidable transactions? What can your business do to reduce clawback risk?
  • What does the Farm Debt Mediation Bill mean?
  • The new licensing regime for the regulation of insolvency practitioners.

James McMillan:

James leads our restructuring and insolvency team. He is a litigator who specialises in insolvency law, helping creditors and insolvency practitioners with businesses in financial distress. James advises both finance and trade creditors. He also advises insolvency practitioners who are appointed to help rescue, or bring to a close, a failing business. James works closely with bank creditors and has a particular interest in issues arising from the Personal Property Securities Act.

Mark Broad:

Mark is a senior associate in our dispute resolution team. He specialises in commercial litigation, insolvency, property and negligence disputes.
Mark is a senior associate with substantial experience in commercial and insolvency litigation. His experience includes a wide range of commercial and insolvency matters including contractual disputes, debt recovery, bankruptcy and liquidation proceedings, securities enforcement, voidable transactions, and breach of director’s duties claims.

Learning Objectives

  • Explore the latest developments in insolvency law; and
  • Gain an understanding of the practical implications these may have on your practise.

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