Family Law and Insolvency Intensive: Dealing with the Liquidator and Trustee’s Costs: Do they have a claim on the asset pool? - Presentation for Legalwise Seminars, 24 August 2022
On 24 August 2022, Daniela presented at the Legalwise Seminar Family Law and Insolvency Intensive seminar.
If you would like a copy of Daniela’s paper, please email your request to lawyers@danielafazio.com
Advanced Family Law Financial Property Settlements: How Bankruptcy is Dealt with at Different Stages: Before Separation, Post Separation and After - Presentation for Legalwise Seminars, 21 June 2022
On 21 June 2022, Daniela presented at the Legalwise Seminar Advanced Family Law Financial Property Settlements seminar. Daniela took the delegates through some of her recent experiences and issues that commonly arise in Family Law proceedings where one party is bankrupt.
If you would like a copy of Daniela’s paper, please email your request to lawyers@danielafazio.com
Taking Possession of and Dealing with Real Property; The Latest Hot Spots in relation to Strata Levy Bankruptcies; and Lease Disputes - Traill & Associates 8th Annual Bankruptcy Congress
On 7 December 2020, Daniela presented at the Traill & Associates 8th Annual National Practical Bankruptcy Congress. Daniela took the Congress through some of her recent experiences and also addressed the following cases:
● Scott, in the matter of Le
● Complete Credit Acquisitions Pty Ltd v Sheriff
● Kerr as trustee of the property of Janice Mary Kehlet (a bankrupt) v Kehlet (No 2)
● Scott (Trustee) v Carter
● Quin as Trustee of the Bankrupt Estate of Philip Chill
For further information, please see Presentation 7 December 2020.
Daniela also led the Traill & Associates Full-day Workshop on 8 December 2021 “Practical Strategies for Successful Outcomes” with Bob Cruickshanks, Personal Insolvency Consultant.
Taking Possession of and Dealing with Real Property - Traill & Associates 7th Annual Bankruptcy Congress
On 2 December 2019, Daniela presented at the Traill & Associates 7th Annual National Practical Bankruptcy Congress. Daniela presented on the topic “Taking Possession of and Dealing with Property”. Daniela took the congress through recent cases including:-
• Carrafa v Chaplin, in the matter of the bankrupt estate of Michael Chaplin [2019] FCA 41
• Weston (Trustee), in the matter of Jeffery v Jeffery [2019] FCA 554
• Trustees of the Property of Shane L Fuz (Bankrupt); in the matter of Shane L Fuz (Bankrupt) v NSW Trustee and Guardian [2019] FCA 1311
• Petrie, as trustee of the property of Aitken (Bankrupt) v Aitken & Ors [2019] FCCA 16
• Beadle as trustee of the bankrupt estate of Nyroni v Nyroni & Anor [2019] FCCA 1723
• Sijabat v Cussen [2018] NSWSC 847 (6 June 2018) [2018] NSWSC 847
• Shaw as trustee of the Bankrupt estate of Nguyen v Vu & Anor [2019] FCCA 1451.
For further information, please see Presentation 2 December 2019.
Bankruptcy in Practice - Newcastle CPD Event
On 18 October 2018, Daniela Naidenov together with Irina Hoskinson, Barrister and Julia Kulagina, Insolvency Professional presented in Newcastle on Bankruptcy in Practice.
In the current climate, more and more solicitors may receive instructions from clients either requiring the commencement of bankruptcy proceedings against a debtor to recover a debt or, many clients may find themselves involved in Court proceedings where one of the parties is a bankrupt. What are the pitfalls and traps that might arise and how can they be avoided?
This seminar aimed to address those issues to ensure that the client does not become caught up in proceedings complicated by the above factors which could have been avoided. Daniela, Irina and Julia presented a bankruptcy overview together with tips and strategies on how to deal with bankruptcy, before, during and after bankruptcy from 3 perspectives, the perspective of a Solicitor, Barrister and Insolvency Professional.
ARITA Sydney's Forum on Family and Federal Circuit Court reform
On 26 July 2018, Daniela Naidenov and Irina Hoskinson, Barrister presented at ARITA Sydney's Forum on Family and Federal Circuit Court reform - Part 1: How might this impact a trustee in bankruptcy and/or a liquidator.
On 1 January 2019, the Family Court of Australia and the Federal Circuit Court (family law division) will be amalgamated and a new Federal Circuit Court and Family Court of Australia (FCFCA) will be created.
In the current climate, trustees in bankruptcy are finding themselves parties/intervenors to what are often emotionally driven and lengthy proceedings commenced by a bankrupt or their spouse in the Family Court or Federal Circuit Court of Australia (family law division) by default. A liquidator may also be drawn into the proceedings because the family company has been wound up.
How will the proposed divisions of the FCFCA better place a trustee in bankruptcy/liquidator in family law proceedings to reach a sensible commercial outcome as soon as practicably possible with the non-bankrupt.
Daniela and Irina addressed these issues by considering the current problems trustees in bankruptcy/liquidators face, and how those problems have been addressed to date by the proposed reform.
Family and Federal Circuit Court Reform (Slides) - Sydney, 26 July
Family and Federal Circuit Court Reform (Handout) - Sydney, 26 July
ARITA Parramatta's Forum on Self Managed Super Funds and Bankruptcy of members
On 13 September 2017, Daniela Naidenov discussed the rise in self-managed super funds and why it is important for a Trustee to be aware of the possible issues which may arise during the course of the administration of a bankrupt estate.
Bankruptcy and Self-Managed Super Funds (handout) - Parramatta, 13 September 2017
Bankruptcy and Self-Managed Super Funds (slides) - Parramatta, 13 September 2017