Director Liability in Insolvency - Strategic Recovery Tools for Credit – Leo Cussen Centre for Law

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Director Liability in Insolvency - Strategic Recovery Tools for Creditors and Liquidators

Director Liability in Insolvency - Strategic Recovery Tools for Creditors and Liquidators

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As regulatory and creditor scrutiny intensifies, directors operating in or near insolvency face growing personal liability risks. This session explores key legal avenues for holding directors to account and maximising recovery, focusing on breach of duty claims, phoenix operations, shadow or de facto directorships, and Director Penalty Notices (DPNs).  

This session will explore the growing emphasis the increasing focus on directors' duties in insolvency scenarios, and the tools available to creditors, liquidators, and litigation funders to pursue recovery. 

This session will discuss: 

  • Directors’ duties during insolvency and their potential personal liability. 
  • Claims for breach of duty, phoenix activity, and shadow director conduct. 
  • Use of public examinations, asset tracing, and freezing orders. 
  • Director Penalty Notices (DPNs). 
  • The role of ASIC in enforcement actions. 
  • Commercial recovery and settlement options. 
  • Recent cases of significance discussed. 


What is included:

Videos of the presentation in mp4 format.

* This Webcast does not allow WA practitioners to claim CPD points