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Mark McKillop Barrister in Melbourne, Victoria, Australia | Corporate lawyer



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Mark McKillop Barrister

Locality: Melbourne, Victoria, Australia

Phone: +61 3 9225 7777



Address: Level 14, 460 Lonsdale Street 3000 Melbourne, VIC, Australia

Website: www.vicbar.com.au/profile/7729

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25.01.2022 The run toward 1 January 2021 continues for the small business insolvency reforms. My comments on the exposure regulations and bill as read in parliament on 12 November are in the attached article. http://markmckillopbarrister.com//comments-on-the-exposur/



19.01.2022 I delivered a case law update to the Leo Cussens PPSA Half Day Seminar on Thursday morning, along with some excellent other presenters. One of the cases considered is Dalian Huarui Heavy Industry International Company Ltd v Clyde & Co Australia WASC 132, a case involving an iron ore project in WA and security interests in funds paid into trust pending an arbitration over construction work. [ 107 more words ] http://markmckillopbarrister.com//09/19/ppsa-mid-year-upd/

19.01.2022 I would not ordinarily post a link to something I had not read, but this is a pandemic! The Commonwealth announced its proposed insolvency law reforms just 2 weeks ago and has now released an exposure draft of the amending legislation together with an explanatory memorandum. Submissions on the draft are due on Monday, 12 October 2020!!! So get cracking! This makes the road runner look slow. I will make some further comments in the next day or so once i have read it. http://markmckillopbarrister.com//exposure-draft-of-the-c/

15.01.2022 The outline of the Federal Government's small business insolvency reform package, to introduce a debtor in possession model for incorporated businesses with less than $1 m in debt, have been covered elsewhere. This package was announced just after 4pm yesterday. A copy of the Treasurer’s media release can be found here. The lease also includes a link to a Insolvency Reforms Fact Sheet [ 771 more words ] http://markmckillopbarrister.com//debtor-in-possession-th/



13.01.2022 Will the Covid Insolvency Wave look like this? I had the pleasure of speaking to the first Zoom meeting of the CPA Insolvency & Reconstruction Group on Monday night about the Small business Insolvency Reforms, at the invitation of Hugh Milne. A copy of the paper I presented and the overheads from the night are linked below. CPA seminar notes [ 127 more words ] http://markmckillopbarrister.com//small-business-insolven/

12.01.2022 I recently presented a video podcast with my learned friend and fellow barrister Amanda Carruthers on the topic "PPS Issues in Insolvency": see below. The format is to highlight the frequent PPSA issues that we see as barristers and how best to tackle them as a practitioner. You can also download the seminar and watch at Enjoy. The seminar is part of a series presented by Foleys List on a wide range of topics relevant to commercial lawyers. See the full range at http://markmckillopbarrister.com//common-issues-with-the-/

08.01.2022 Photo by mark glancy on Pexels.com The insolvency reforms aimed at helping small businesses through insolvency, passed in the The Corporations Amendment (Corporate Insolvency Reforms) Act 2020, commenced on 1 January 2021 without much take up. On Monday 1 February 2021 I had the pleasure of speaking with the the CPA Insolvency & Reconstruction Discussion Group in Melbourne, at the invitation of Hugh Milne, about my thoughts on the reforms now they have commenced.... http://markmckillopbarrister.com//debtor-in-possession-re/



03.01.2022 Treasury invited submissions on the Bill providing only 5 days notice, after the exposure draft and EM had been released. I am not normally prone to making legislative drafting submissions, but the rush in this case really warranted one given that I had read and considered the merit of the exposure draft. I suspect that the short time frame, plus the lockdown in Melbourne, will have substantially limited the ability of many usual contributors to respond. [ 188 more words ] http://markmckillopbarrister.com//my-submission-on-the-co/

01.01.2022 My comments on the exposure draft of the insolvency law reform package - talk about unfinished business! The government has allowed 4 business days for comment on the drafts. Probably one third of it is unfinished, subject to further regulations which have not been released. http://markmckillopbarrister.com//comments-on-the-exposur/

01.01.2022 On 23 June 2020, here in Melbourne, in the calm between the lockdowns (which seems like an eternity ago now) I delivered an update to lawyers on COVID implications for the operation of the PPSA to the Leo Cussens Institute via Zoom. A copy of the paper presented is attached at this link. The key takeaways were: as a practitioner, know the basics: what is a security interest, why to register and how to register [ 195 more words ] http://markmckillopbarrister.com/20//23/covid-ppsa-update/

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