Directors are required to prevent insolvent trading under section 588G of the Corporations Act. But what does 'insolvent trading' really mean? How far does a director’s duty go, and can a director avoid personal liability?

This session provides a deep dive into insolvent trading and examines the following:

• Determining the date of insolvency and how this may be proved or justified;

• The duties of directors;

• Potential defences available to directors pursuant to section 588H of the Corporations Act and the approach of the court in relation to these;

• Safe harbour defence and the criteria to obtain it;

• The consequences of insolvent trading;

• The role of the liquidator in recovering against the director/s for insolvent trading; and

• Recent court decisions involving insolvent trading.

Presenter

Alicia Hill, Principal

Alicia heads Sladen Legal’s Dispute Resolution and Litigation team. She is an Accredited Specialist in Commercial Litigation with the Law Institute, a Nationally Accredited Mediator and a graded Arbitrator working to use the correct dispute resolution process to resolve commercial disputes for clients.

Alicia provides advice and details of the options available to clients in respect of their disputes and then works collaboratively with them to achieve a resolution of the matter in a cost effective and efficient manner. She has appeared in the Federal Court and State Courts and Tribunals in Victoria, New South Wales, Queensland.

View Alicia’s full profile here

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