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Team introduction – Director (NSW)

Memberships & Associations Insolvency Practitioners Association of Australia Society of Certified Practising Accountants Australian Institute of Credit Management Institute of Chartered Accountants of Australia. Professional qualifications Bachelor of Economics (Accounting) – Macquarie

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Team introduction – Director (NSW)

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  1. Memberships & Associations Insolvency Practitioners Association of Australia Society of Certified Practising Accountants Australian Institute of Credit Management Institute of Chartered Accountants of Australia Professional qualifications Bachelor of Economics (Accounting) – Macquarie Certified Practising Accountant CPA Insolvency & Reconstruction Specialist Certified Mediator Registered Liquidator Official Liquidator Industry expertise Farming & Agribusiness Banking Construction Printing Retail Viability reviews Litigation reviews Career highlights and key expertise Robert has an impressive track record across all forms of corporate recovery and insolvency appointments, with substantial exposure to investigations, public examinations and insolvency-related litigation. Rob has also great depth of experience in the writing and assessment of expert witness reports. Rob’s focus at Rodgers Reidy is primarily on the restructuring of companies in crisis so that they can return to being viable enterprises. His skilful efforts have resulted in the implementation of numerous successful Deeds of Company Arrangement for businesses that continue to trade viably and profitably to this very day. Team introduction – Director (NSW) Robert MoodieBringing his 18+ years of specialist, hands-on experience in business recovery, bankruptcy and insolvency, complemented by a successful period as a commercial accountant before this, Rob joined the ranks of Rodgers Reidy as a Director in 2001. Contact details Tel: 02 9262 1944 Email: rmoodie@rodgersreidy.com.au

  2. Insolvency & Reconstruction Specialists Voluntary Administration - “Recovering from the Brink of Disaster” CAD Partners 2012 Conference Port Macquarie Presented by Rob Moodie

  3. 1. Possible Areas of Exposure • Insolvent Trading • Personal Guarantees/Corp. Credit Cards • s222AOE Income Tax Assessment Act • s21B Commonwealth Crimes Act • S180-190 Corporations Act & Common Law Duty of Care 3

  4. 2. Voluntary Administrations Objectives of the Act, 435A Corporations Legislation, 2008. ,…Administer the business, property and affairs of the company in a way that,… (a) Maximises the chances of the company,…continuing in existence; or (b) ,…results in a better return for the company’s creditors and members than would result from an immediate winding up of the company. 4

  5. 2. Voluntary Administrations Powers of Administrators, Administrator assumes control (437A) Winding up proceedings adjourned (440A) Charges Unenforceable (440B) subject to (441A) Stay of Proceedings (440D) Disclaim Onerous Property (443B) 5

  6. 2. Voluntary Administrations Outcome of Administrations, 435C(2) Outcome of Administration, 1. Voluntary Administration Ends, or 2. Liquidation, or 3. Deed of Company Arrangement, (DOCA) 6

  7. 3. Deed of Company Arrangement (DOCA) A DOCA is a binding contract between a company and its creditors. It can be both a compromise and/or a moratorium. Resolution reached in accordance with Part 5.6 of the Corporation Regulations. 7

  8. 4. Use of Trust Structures • Assets Held in Trust Structures - Corporate Trustee - Discretionary Trust - Multiple Beneficiaries 8

  9. 4. Use of Trust Structures • Assets Held in Trust Structures - Corporate Trustee - Discretionary Trust - Multiple Beneficiaries 9

  10. 4. Use of Trust Structures Assets Held in Trust Structures - Separate Trustee from any Business Activity - s120 Bankruptcy Act – Voidable Settlements - Div 2 Corporations Act – Insolvent Transactions - Limitations Act (NSW) 1969 – generally 6 years 10

  11. 5. Rodgers Reidy Office Locations Brisbane Sydney Auckland Melbourne 11 11

  12. Memberships & Associations Insolvency Practitioners Association of Australia Society of Certified Practising Accountants Australian Institute of Credit Management Institute of Chartered Accountants of Australia Professional qualifications Bachelor of Economics (Accounting) – Macquarie Certified Practising Accountant CPA Insolvency & Reconstruction Specialist Certified Mediator Registered Liquidator Official Liquidator Industry expertise Farming & Agribusiness Construction Printing Retail Viability reviews Litigation reviews Career highlights and key expertise Robert has an impressive track record across all forms of corporate recovery and insolvency appointments, with substantial exposure to investigations, public examinations and insolvency-related litigation. Rob has also great depth of experience in the writing and assessment of expert witness reports. Rob’s focus at Rodgers Reidy is primarily on the restructuring of companies in crisis so that they can return to being viable enterprises. His skilful efforts have resulted in the implementation of numerous successful Deeds of Company Arrangement for businesses that continue to trade viably and profitably to this very day. Team introduction – Director (NSW) Robert MoodieBringing his 18+ years of specialist, hands-on experience in business recovery, bankruptcy and insolvency, complemented by a successful period as a commercial accountant before this, Rob joined the ranks of Rodgers Reidy as a Director in 2001. Contact details Tel: 02 9262 1944 Email: rmoodie@rodgersreidy.com.au

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