NSW/ACT DIVISION CONFERENCE & DINNER Thursday 16 October 2014 | Sofitel Sydney Wentworth 6 CPD/CLE points Places to the dinner are strictly limited and have sold out quickly in prior years, so make sure you don’t miss out and book your table now Registration from 8.45am Conference: 9.15am—5.30pm Pre-dinner drinks: 5.45pm Dinner: 6.30pm Conference and Dinner Venue Sofitel Sydney Wentworth 61-101 Phillip Street, Sydney NSW/ACT Division Conference & Dinner The premier networking and professional development event for insolvency and restructuring practitioners. This year’s programme will cover a wide range of topics including sessions on restructuring, pre–administration planning, bankruptcy and practitioner regulation. ARITA CEO, John Winter, will be joined by an impressive list of high calibre speakers making this a must-attend event for practitioners. THANK YOU TO OUR SPONSORS PLATINUM: GOLD (DINNER): SILVER: Conference and Dinner Program Thursday 16th October 2014, Sofitel Sydney Wentworth 8.45pm Registration 9:15 am Welcome Michael Brereton, KordaMentha & ARITA Vice President 9:20 am Opening Remarks Prof Michael Quinlan 9:40 am Bankers Panel Annie Lee, NAB Mark Wlossak, CBA Guy Howes, Westpac Barry Kogan, McGrathNicol 10:35 am Morning Tea 10:55 am Restructuring / Turnaround in the SME Sector James Turner, Re Capital Chris Cruikshank, Norton Rose Fulbright Ryan Eagle, Ferrier Hodgson Our panel of experts will draw on their recent restructuring and turnaround experience in the SME space. The panel will discuss emerging trends and opportunities to assist underperforming businesses. The discussion will canvass formulating a plan, accessing capital in a turnaround scenario, implementation and pitfalls to avoid. 11:45 am Case Law Update Heather Collins, CBP Sydney Jim Hartley, Meyer Vandenberg Nuncio D’Angelo, Norton Rose Fulbright 12:45 pm Lunch 1:45 pm Pre-administration Planning Simon Cathro, EY Tim Klineberg, Ashurst Morgan Kelly, Ferrier Hodgson It is increasingly common for businesses in difficulty to seek advice from insolvency practitioners prior to the appointment of a voluntary administrator. We are seeing an increasing role for insolvency practitioners in this important area, particularly in the SME market. Our panel will canvass the key issues which arise when advising during the crucial pre-administration phase. Topics include directors' duties, planning for a deed of company arrangement proposal and considering the position of employees. Conference and Dinner Program Thursday 16th October 2014, Sofitel Sydney Wentworth 2:25 pm What do we expect of our Insolvency Regulators? Prof Michael Quinlan Kathy Merrick, HDY Lawyers Narelle Ferrier, ARITA 2:55 pm Tax Update Ronen Vexler, PwC Denis McCarthy, PwC 3:25 pm Afternoon Tea 3.45 pm Bankruptcy Session Andrew Scott, PPB Advisory Mark Findlay, AFSA Stephen Mullette, Matthews Folbigg Lawyers David Kerr, RMS Bird Cameron Current issues facing Bankruptcy Practitioners 4:30 pm Thought Leadership John Winter, ARITA Geoff Green, NAB Jason Harris, UTS David Lombe, Deloitte Kim Arnold, ARITA ARITA has initiated a thought leadership Green Paper – A Platform for Recovery – which sets out to achieve significant improvements in the Australian insolvency and recovery framework. This Green Paper, after wide consultation, is expected to go on to form the basis for ARITA’s legislative change advocacy work. This session will review and discuss some of the key concepts and initiatives within the forthcoming Green Paper. 5:30 pm NSW / ACT Division Annual Dinner Pre-Dinner drinks will be followed by the annual NSW/ACT Division Dinner Speakers Thursday 16 October 2014, Sofitel Sydney Wentworth Biographies Michael Brereton is a specialist in corporate recovery, advisory and insolvency, with twenty years' experience in Australia, the USA and South Africa. Michael has experience in all types of formal appointments, including Administrations, Receiverships, Liquidations and Chapter 11. Experience in informal appointments includes due diligence investigations, prelend reviews, monitoring engagements on behalf of secured and unsecured lenders, due diligence and investigative roles, bank syndication work and financial advisory roles. Professor Michael Quinlan is the Dean of The University of Notre Dame Australia’s School of Law Sydney and a long-time member of ARITA and INSOL Prior to accepting the appointment as Dean in February 2013, Professor Quinlan had a distinguished career of over 23 years at the commercial law firm Allens where he was a partner in the Corporate Insolvency & Restructuring practice for more than 14 years. In that role he worked on many important assignments including the Lane Cove Tunnel receivership and the Alinta Scheme. He is a past editor of INSOL World and is a regular speaker at international and domestic insolvency and restructuring conferences. Annie Lee is currently an Executive at NAB and works within the Business Banking segment on turnaround, restructuring and recovery matters. She has 17 years of experience in Banking and Finance and prior to Nab, held roles at Rothschild and Westpac. She holds a Masters of Commerce from the University of NSW and is a member of ARITA. Mark Wlossak is one of the General Managers in Group Credit Structuring at the Commonwealth Bank of Australia (CBA). In this role Mark leads a national team responsible for overseeing the management of CBA and Bankwest's Troubled and Impaired credit exposures. Mark has also held senior management roles within CBA's Credit Asset Management and Specialised Lending Services divisions where he managed numerous complex corporate workouts. Guy Howes’ first role in a major bank after nearly 25 years in banking & finance was in the ANZ's asset Management unit in the early 1990s, where Guy now leads the St George Bank senior team in SME recoveries for Westpac in NSW. This follows 5 years leading the credit function in one of St George Bank's City offices, after a number of years of both credit and relationship management in the major banks and finance companies. In recent years, Guy’s focus has been on poor property transactions, but that focus is now shifting to a broader range of industries suffering cashflow strains for various reasons including the high dollar, decline in mining activity and drought. Barry Kogan has over 17 years experience in restructuring and insolvency. He has substantial experience in both formal and informal insolvency appointments including receiverships, voluntary administrations, deeds of company arrangement, liquidations and investigations, across a range of industry sectors including property, mortgage funds, manufacturing and retail. Major matters include Hastie, Banksia, Estate Property Group and Equiticorp. James Turner has over five years' experience working with different stakeholders in restructuring situations. James qualified as a Chartered Accountant at a leading restructuring practice and, since joining Re:Capital, has worked on a number of investments, developing and managing financial and operational turnaround plans. Speakers Thursday 16 October 2014, Sofitel Sydney Wentworth Biographies Chris Cruikshank is a Partner in the Financial Restructuring and Insolvency group based in Sydney. He has 10 years of experience in advising banks, financial institutions, financial advisers and insolvency practitioners on debt restructuring, through the use of formal insolvency and enforcement procedures. Prior to joining our Australia practice, Chris worked in London with Latham & Watkins dealing with large scale cross-border restructuring of syndicated loans and bonds focusing on European, Middle Eastern and African companies. Chris also worked with our predecessor practice in Sydney for seven years, acting for various banks, financial institutions and insolvency practitioners in the SME sector dealing with all aspects of restructuring loans and securities and corporate balance sheets. Ryan Eagle is a partner of Ferrier Hodgson based in the Sydney office working in the areas of restructure, turnaround and insolvency management. Ryan has extensive experience in corporate problem-solving assignments aimed at identifying and implementing solutions. His recent experience has included being engaged as Administrator of REDgroup Retail in February 2011, which operated 280 bookstores under the Borders, Angus & Robertson and Whitcoulls brands in Australia and New Zealand. Ryan was primarily responsible for the ongoing trading and successful sale of the groups 90 New Zealand stores, a transaction which realised in excess of NZ$50 million for the Group’s creditors. Heather Collins is a Senior Associate in the restructuring and insolvency team at CBP Lawyers. She advises on all aspects of insolvency and restructuring from both a contentious and non-contentious perspective. Heather specialises in commercial dispute resolution and has conducted commercial litigation across all Australian jurisdictions, including, Queensland, the Northern Territory and the ACT. Heather has acted for the developers of large scale residential projects throughout North Queensland and for financiers and the receivers appointed by them to a significant property trust in respect of those developments. Jim Hartley is a Senior Lawyer in Canberra law firm Meyer Vandenberg’s litigation practice. Jim’s experience is principally in the areas of administrative law, insolvency, corporations law, and general commercial disputes. Additionally, Jim has presented at Insolvency Law workshops of the Business Law Section of the Law Council of Australia, is published in the Insolvency Law Journal, and is a contributing author to CCH’s Australian Personal Property Securities Reporter. Dr Nuncio D’Angelo is Head of Banking and Finance with global law firm Norton Rose Fulbright in Australia. His practice involves both transactional matters and insolvency workouts. He is widely published and has lectured at both the undergraduate and postgraduate levels at several Australian universities. Nuncio holds BJuris and LLB from UNSW, and LLM and PhD in law from Sydney University. He is the author of the recently published book Commercial Trusts (LexisNexis 2014). Simon Cathro is a Partner with Ernst & Young’s TAS Restructuring practice in Sydney. Simon joined Ernst & Young in 2011. Simon has over 18 years’ experience in the field of insolvency, corporate restructure services and legal entity rationalisation. He also has extensive experience in property receivership, financial services and hotel accommodation. Simon is well experienced in dealing with distressed businesses and assisting management in implementing turnaround strategies, cash flow modelling and undertaking strategies to provide short-term financial stability. Tim Klineberg has significant experience in restructuring and insolvency transactions gained in Australia and the United Kingdom. He advises secured lenders, borrowers and insolvency practitioners on complex workout and insolvency situations and distressed debt trading. He also advises on insolvency-related matters. In recent years, Tim has advised on a number of major restructuring transactions in the Australian market including matters which have involved complex cross-border insolvency issues. Speakers Thursday 16 October 2014, Sofitel Sydney Wentworth Biographies Morgan Kelly has extensive experience in workout and insolvency across a wide range of industries, with specific extensive experience in mining, civil earthmoving and engineering, manufacturing and hospitality. This experience has involved formal appointments and advisory roles in businesses ranging in size from SMEs to multinational organisations. Morgan is also a Personal Property Securities Act (2008) subject matter expert, and has conducted several training sessions on this topic for financiers and ARITA. Kathy Merrick is an expert in corporate insolvency, general commercial litigation and dispute resolution, with considerable experience in regulatory and other investigations. Kathy's expertise has been called upon in many of Australia's major corporate disputes, collapses and investigations. Her clients have included major corporations and financial institutions, directors, officers, professional advisers such as accounting and professional services firms, administrators, liquidators, other corporate entities and individuals. Narelle Ferrier joined ARITA’s technical specialist team in February 2012. Her particular focus is on member complaints and discipline and the further development of ARITA’s education and continuing professional development programs. She is also responsible for assisting with technical issues, writing submissions and liaising with legislators and regulators. Narelle has over 15 years’ insolvency experience, having undertaken client and technical specialist work. Narelle has also been responsible for developing this year’s National Conference technical program, including liaising with the conference committee and all presenters at this year’s event. Ronen Vexler is a partner in PwC’s Sydney corporate tax practice, with experience across a broad range of taxation issues including compliance, due diligence and structuring. He has assisted on a broad range of clients, both inbound and outbound and of various sizes. Ronen leads PwC’s Tax Insolvency focus group. He has advised numerous clients in administration/receivership on a broad range of matters, including structuring and compliance. Through his experience he has gained a strong understanding of the commercial drivers for entities under appointment. Ronen is also a frequent presenter on this area of tax. Denis McCarthy was a member of the original team that developed taxation policy and designed and drafted the Australian GST law from December 1997 to October 1999. From October 1999 to October 2010, Denis was a Director and Executive Director in PwC’s Australian Indirect taxes practice. From October 2010 to December 2012, Denis was a Director in the Ernst & Young Sydney indirect Taxes team. Denis returned to PwC as a Principal in their Sydney Indirect Taxes practice from January 2013. Andrew Scott is a partner in PPB Advisory’s restructuring practice, specialising in company and personal insolvencies. Andrew has 15 years’ experience and works closely with companies and individuals in the SME sector who are experiencing financial difficulty and utilises his practical, commercial and legal experience in all forms of insolvency administrations to deliver commercial outcomes for clients. Mark Findlay is the Director for ITSA’s Regulation & Enforcement business line in NSW/ACT, having been appointed to the role in August 2008. Mark has been with ITSA since 1991 and has worked in most areas of ITSA including Trustee Services, Registry and Proceeds of Crime. Mark initiated and managed a project for website advertising of meetings of creditors in personal insolvencies. He has been involved in the proposals for harmonisation of the regulatory framework for insolvency practitioners. Speakers Thursday 16 October 2014, Sofitel Sydney Wentworth Biographies Stephen Mullette is a leading insolvency and financial reorganisation practitioner. He has extensive experience in bankruptcy, voluntary administrations, liquidations, receiverships, as well as informal and formal financial restructuring for insolvency practitioners and also personal and corporate clients. David Kerr has over 25 years of experience in his chosen specialisation, turnaround and insolvency. David provides advice on and accepts appointments to both corporate and personal insolvency matters. David has experience dealing with individuals and companies in a variety of industries. He has been involved in the conduct of external administrations of companies and individuals in various businesses. David has been involved in both formal and informal workout assignments. He has undertaken assignments involving complex business groups with a variety of business structures. John Winter took on the role of CEO of the Australian Restructuring Insolvency and Turnaround Association in February 2014. John was previously the Head of ACCA Australia and New Zealand. ACCA, the Association of Chartered Certified Accountants, is the global body for professional accountants with close to 600,000 members and students throughout 183 countries. Prior to taking on the role as Head of ACCA ANZ, John worked as a senior marketing and communications professional across the recruitment industry, membership organisations and the banking and finance sector. His pasts roles include Chief Marketing Officer ANZ for leading listed international recruitment firm, Hudson. He has also worked for a major division of insurance firm QBE and was previously Director of Communications for the NSW Rural Fire Service – an organisation with 69,000 volunteer members. Geoff Green is responsible for a portfolio of corporate & institutional restructuring, workouts and insolvency in Australia and Asia including securitisation, syndicated and and highly leveraged transactions in addition to overview of portfolios managed by three direct reports. Jason Harris is a senior lecturer in the UTS Faculty of Law where he teaches corporate law, commercial law and insolvency. Jason is an active researcher in these areas and has published a number of books and articles on these topics, including as a co-author of Keay's Insolvency (Thomson Reuters) and the Annotated Personal Property Securities Act (CCH). Jason is an academic member of ARITA and a member of the Terry Taylor Scholarship Committee. He is also a Fellow of the Governance Institute of Australia, and a member of INSOL International, the Australian Corporate Law Teachers Association national executive and the Insolvency and Corporations Committees of the Law Council of Australia. Jason is currently undertaking PhD studies at Adelaide Law School on voluntary administration and corporate rescue. David Lombe is the Partner in Charge NSW Corporate Reorganisation Group at Deloitte, and is an Official and Registered Liquidator and Trustee in bankruptcy. David is a reconstruction and insolvency partner with over 20 years' experience in advising organisations. In April 2001, David was appointed Inspector of HIH and prepared a widely acknowledged report which was used by the Royal Commission as a 'road map' for their investigations. In addition, he gave evidence as the first witness in the HIH Royal Commission into the failure of HIH. Kim Arnold is responsible for assisting the National Committee with technical issues, writing submissions, liaising with legislators and regulators and developing materials for ARITA’s Insolvency Education Program and training courses. Kim was a member of the Insolvency Law Advisory Group, which consulted with Treasury on the development of the 2007 Corporate Insolvency Law Reforms. registration and tax invoice NSW/ACT Division Conference & Dinner Thursday 16 October 2014 | Sofitel Sydney Wentworth Name (1-list dinner guests below if applicable) Position Organisation Address Phone Email Schedule of fees (incl GST) Ticket ARITA Student Conference Only o$ 599 o$ 299 Dinner Only o$ 250 o$ 250 Conference & Dinner o$ 849 o$ 549 Table of 10 o $ 2,500 Guest Name and Firm _____________________________ * (nominate your free conference attendee) *(Includes 1 conference registration) Guest Name and Firm Guest Name and Firm 2. 5. 8. 3. 6. 9. 4. 7. 10. Dietary Requirements: Vegetarian o Kosher o No Seafood o Other __________________________ Special Requirements (eg wheelchair access): ______________________________________________________ Please register online using our quick and secure system. Manual registrations will not be processed without payment. For more information please contact Dominic O’Connor on 02 9290 5758, email: events@arita.com.au Cancellation Policy Cancellation more than 30 days before the event: 100% refund; less than 30 days, but more than 14 days: 80% refund; less than 14 days, no refund. A substitute delegate may be nominated at any time. Cancellation and substitution must be in writing by email to events@arita.com.au Photocopy Registration form for multiple registrations. Payment details fax to +61 2 9290 2820 if paying by credit card, or post to PO Box 4340, Sydney, NSW Australia, 2001 I am paying the amount of AUD (including GST) for: o Registration to conference o Cheque (payable to ARITA) Expiry Date Name on Card / o Registration to dinner OR o VISA o Table of 10 o MasterCard o Name your table o Amex Card Number Signature Date Issued by the Australian Restructuring Insolvency & Turnaround Association ABN 28 002 472 362