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Insolvency Update

Insolvency Update
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From the Chair

Accelerating corporate insolvencies and the associated economic fallout are unfortunately likely to be a continuing consequence of the COVID-19 pandemic for many businesses. This forum will provide assistance with making sense of the key developments in this rapidly changing landscape and also provide you with tools to identify clients who may be in financial difficulties and what options might be available to them.

Peter Watts QC, Barrister, Bankside Chambers, Auckland

Programme outline

  • Dispute Resolution
    - Arbitration of insolvency-related disputes
    - Farm debt mediation
  • Twilight Zone Issues
    - Directors’ duties, particularly ss 131, 135-137
    - Overview of the Mainzeal in the CA and implications
    - Protection for directors (s 138 and safe harbour rules).
    - Duties of directors of insolvent companies at common law—first principles (s 131)
    - Overview of Re Debut Homes Ltd and implications
  • Restructuring - practical perspectives
    - Overview of warning signs
    - Restructuring options in a COVID-19 environment
  • Panel discussion 
    - Relief for personal liability for directors, Virgin case – UK
    - Potential to expand on safe harbour
    - The s 301 discretion
    - Round up

Learning objectives

By attending this forum you will:

  • Be brought up to date with recent developments on the law of directors’ duties in insolvency.
  • Gain insights into the use of ADR in the solving of insolvency disputes.
  • Develop expertise in knowing what experienced insolvency practitioners can do to assist the restructuring of businesses in difficulty.

Who should attend

Civil litigation, company/commercial, in-house counsel.

Book / Technical Specs

A background book written by the presenters is available in hard copy, PDF, or both. Please indicate your choice upon registration. 

  • Hard Copy - Your book will be posted to you - no extra charge 
  • PDF - You will be emailed a PDF copy of the book 3 working days before the event - no extra charge 
  • Both Hard Copy & PDF - You will be emailed a PDF copy of the book 3 working days before the event, and posted the hard copy book  - additional $30 charge
For information on what is required to participate in the live web stream , click here.


  • Chair: Peter Watts QC, Barrister, Bankside Chambers, Auckland
  • Scott Abel, Partner, Buddle Findlay, Auckland
  • Scott Barker, Partner, Buddle Findlay, Wellington
  • Kare Johnstone, Partner, McGrathNicol, Auckland
  • Dr Anna Kirk, Barrister, Bankside Chambers, Auckland


  • 9.00am - 1.00pm Forum
  • Live web stream registration closes - 3pm Tuesday 19 May 2021

Fee (Incl GST)


  • $420 - NZLS members and Associate members
  • $470 - Non-members

Live Web Stream

  • $405 - NZLS members and Associate members
  • $455 - Non-members
  • 2+1 registrations click here for more info Registration by email only. This option must be selected at the time of registration and cannot be applied retrospectively
Do you want to register more than one person for this course? Use the Multiple Registration button below or Click here

View PDF brochure and registration form here.

Live Web Stream 19 May
Auckland 19 May
I can't attend, but please let me know when the book is available to purchase.

Cancellation and refund policy

You may cancel your registration eight working days in advance of an event, and you will receive a refund less a 25% administration fee. If you cancel less than eight working days in advance of the event, no refund is payable. If you are unable to attend, you may transfer your registration to another person. If you wish to do so you must advise CLE in writing of the change. NZLS CLE Ltd reserves the right to close registrations, and, cancel or reschedule an event as necessary. Where an event is cancelled by CLE, a full refund is payable.

freephone (within NZ)
0800 333 111

[email protected]

04 472 7837

04 463 2986
Level 4, 17-21 Whitmore Street
Wellington 6011

DX SP 20202
PO Box 5041
Wellington 6140
New Zealand