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1 Team introduction – Director (NSW) Robert Moodie Bringing his 18+ years of specialist, hands-on...

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1 Team introduction – Director (NSW) Robert Moodie Bringing 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: [email protected] 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. Professional qualifications Bachelor of Economics (Accounting) – Macquarie Certified Practising Accountant CPA Insolvency & Reconstruction Specialist Certified Mediator Registered Liquidator Official Liquidator Memberships & Associations Insolvency Practitioners Association of Australia Society of Certified Practising Accountants Australian Institute of Credit Management Institute of Chartered Accountants of Australia Industry expertise Farming & Agribusiness Banking Construction Printing Retail Viability reviews Litigation reviews
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Page 1: 1 Team introduction – Director (NSW) Robert Moodie Bringing his 18+ years of specialist, hands-on experience in business recovery, bankruptcy and insolvency,

1

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 detailsTel: 02 9262 1944Email: [email protected]

Career highlights and key expertiseRobert 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.

Professional qualificationsBachelor of Economics (Accounting) – Macquarie Certified Practising Accountant CPA Insolvency & Reconstruction Specialist Certified Mediator Registered Liquidator Official Liquidator

Memberships & AssociationsInsolvency Practitioners Association of Australia Society of Certified Practising Accountants Australian Institute of Credit Management Institute of Chartered Accountants of Australia

Industry expertiseFarming & Agribusiness

Banking

Construction

Printing

Retail

Viability reviews

Litigation reviews

Page 2: 1 Team introduction – Director (NSW) Robert Moodie Bringing his 18+ years of specialist, hands-on experience in business recovery, bankruptcy and insolvency,

CAD Partners 2012 Conference

Port Macquarie

Presented by Rob Moodie

Insolvency & Reconstruction Specialists

Voluntary Administration - “Recovering from the Brink of Disaster”

Page 3: 1 Team introduction – Director (NSW) Robert Moodie Bringing his 18+ years of specialist, hands-on experience in business recovery, bankruptcy and insolvency,

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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

Page 4: 1 Team introduction – Director (NSW) Robert Moodie Bringing his 18+ years of specialist, hands-on experience in business recovery, bankruptcy and insolvency,

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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.

Page 5: 1 Team introduction – Director (NSW) Robert Moodie Bringing his 18+ years of specialist, hands-on experience in business recovery, bankruptcy and insolvency,

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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)

Page 6: 1 Team introduction – Director (NSW) Robert Moodie Bringing his 18+ years of specialist, hands-on experience in business recovery, bankruptcy and insolvency,

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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)

Page 7: 1 Team introduction – Director (NSW) Robert Moodie Bringing his 18+ years of specialist, hands-on experience in business recovery, bankruptcy and insolvency,

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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.

Page 8: 1 Team introduction – Director (NSW) Robert Moodie Bringing his 18+ years of specialist, hands-on experience in business recovery, bankruptcy and insolvency,

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4. Use of Trust Structures

► Assets Held in Trust Structures

- Corporate Trustee

- Discretionary Trust

- Multiple Beneficiaries

Page 9: 1 Team introduction – Director (NSW) Robert Moodie Bringing his 18+ years of specialist, hands-on experience in business recovery, bankruptcy and insolvency,

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4. Use of Trust Structures

► Assets Held in Trust Structures

- Corporate Trustee

- Discretionary Trust

- Multiple Beneficiaries

Page 10: 1 Team introduction – Director (NSW) Robert Moodie Bringing his 18+ years of specialist, hands-on experience in business recovery, bankruptcy and insolvency,

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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

Page 11: 1 Team introduction – Director (NSW) Robert Moodie Bringing his 18+ years of specialist, hands-on experience in business recovery, bankruptcy and insolvency,

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5. Rodgers Reidy Office Locations

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Sydney

Melbourne

Brisbane

Auckland

Page 12: 1 Team introduction – Director (NSW) Robert Moodie Bringing his 18+ years of specialist, hands-on experience in business recovery, bankruptcy and insolvency,

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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 detailsTel: 02 9262 1944Email: [email protected]

Career highlights and key expertiseRobert 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.

Professional qualificationsBachelor of Economics (Accounting) – Macquarie Certified Practising Accountant CPA Insolvency & Reconstruction Specialist Certified Mediator Registered Liquidator Official Liquidator

Memberships & AssociationsInsolvency Practitioners Association of Australia Society of Certified Practising Accountants Australian Institute of Credit Management Institute of Chartered Accountants of Australia

Industry expertiseFarming & Agribusiness

Construction

Printing

Retail

Viability reviews

Litigation reviews


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