Mark McKillop Barrister

Some tips for conducting and appearing at mediation: a podcast from Mark McKillop and Michelle Button and accompanying power point.

Improving Mediation Practice: Discussion with Michelle Button Mediation – tips on making them more effective, for mediators and participants alike. Includes a podcast discussion and powerpoint presentation.

Ironman Melbourne ticked off bucket list http://wp.me/p1UOHK-6k

http://markmckillopbarrister.com/2013/07/08/ironman-melbourne-ticked-off-bucket-list/

Ironman Melbourne ticked off bucket list On 24 March 2013 I completed one of my bucket list ambitions, an Ironman triathlon. Thanks to a number of donors I managed to raise $1,580 for the red cross in the process. Thanks to all of you wh…

Registrations on PPSR not ineffective where defect in description not materially misleading

When is a defect in a PPSR registration fatal? A defect in the ACN of the secured party not misleading Case Note – Future Revelation Ltd v Medica Radiology & Nuclear Medicine Pty Ltd [2013] NSWSC 1741 It is often the case that an error is made in the ACN, ABN or even name of a party, or in…

One of the most useful tools available to a deed administrator is compulsory share transfer under s444GA of the Corporations Act 2001 (Cth), which has been the subject of two recent cases.

Compulsory Share Transfer under s444GA of the Corporations Act 2001 (Cth): Key Considerations Dark economic clouds are on the horizon and insolvency appointments on the rise, and with them the number of DOCAs will trend upward. One of the most useful tools available to a deed administrator …

In March, I presented on cross-border insolvency at the invitation of Matthew Hicks, partner at Hicks Chessell Oakley Williams, Lawyers & Notary. The seminar covered key concepts and the local recognition of the South African liquidation of Mirror Trading, a crypto ponzi scheme. A link to the recognition case and seminar presentation is provided....

Understanding Cross Border Insolvency: UNCITRAL Model Law and Key Concepts In March, I presented on cross-border insolvency at the invitation of Matthew Hicks, partner at Hicks Chessell Oakley Williams, Lawyers & Notary. The seminar covered key concepts and the local …

In March I presented to the Foleys List Commercial Law conference on the subject of pooling in corporate insolvency under s579E of the Corporations Act 2001 (Cth). See the overheads from the seminar at the link below: POOLING Powerpoint - 1 March 2024Download Why Pool Pooling is the process of administering the affairs of a group of companies as if they were one entity for the purposes of insolvency....

Pooled Groups in Corporate Insolvency – Identifying a group where the companies are not related, and passing the no disadvantage test In March I presented to the Foleys List Commercial Law conference on the subject of pooling in corporate insolvency under s579E of the Corporations Act 2001 (Cth). See the overheads from the semina…

In December 2023 I presented a paper with my colleague, Ned Marlow-Weir, on the Commonwealth response to Whittaker. Hit the download button below for a copy of the paper and accompanying powerpoint. 231206 - Leo Cussen - PPSA ReformDownload 6 DECEMBER LEO CUSSENS - PPSA SLIDESDownload The review was conducted by Bruce Whittaker, an expert on the PPSA closely involved in its creation and a long time partner of Ashurst....

Commonwealth Response to Whittaker Review: Key Proposed Amendments In December 2023 I presented a paper with my colleague, Ned Marlow-Weir, on the Commonwealth response to Whittaker. Hit the download button below for a copy of the paper and accompanying powerpoint…

I evaluate Zoom mediation on its own merits, as an alternative or supplement to face-to-face mediation in the post pandemic world....

http://markmckillopbarrister.com/2022/02/14/the-future-of-zoom-mediation-post-pandemic/

The future of Zoom Mediation post pandemic I evaluate Zoom mediation on its own merits, as an alternative or supplement to face-to-face mediation in the post pandemic world.

This article by my colleague Carrie Rome-Sievers is a very succinct summary of the current principles governing a genuine dispute for statutory demands, recommended reading if you are preparing an application or defending one.

http://markmckillopbarrister.com/2021/10/07/statutory-demands-setting-aside-under-s-459g-what-is-a-genuine-dispute-or-offsetting-claim/

Statutory demands – setting aside under s 459G – what is a ‘genuine’ dispute or offsetting claim? Reblogged on WordPress.com

In the past few weeks I have had the pleasure to present to the PPSA masterclass at the Leo Cussen Institute, and then, today, to record a podcast for Foleys List, on this topic. In the presentation and podcast I address how to go about removing or amending a PPSR registration. I discuss the administrative and judicial processes for disputing a PPSR registration, the nature of the judicial process, and some tips and pitfalls of disputing the registration. ...

http://markmckillopbarrister.com/2021/10/05/disputing-a-ppsr-registration-a-practical-guide/

Disputing a PPSR Registration – A Practical Guide In the past few weeks I have had the pleasure to present to the PPSA masterclass at the Leo Cussen Institute, and then, today, to record a podcast for Foleys List, on this topic. In the presentatio…

When landlords or bailees take possession of uncollected goods, they may be exposed to loss of priority due to the application of the PPSA. The risk can be mitigated by registration on the PPSR, by contractual drafting to avoid the creation of a security interest or by the application of uncollected goods legislation. But in what circumstances will such measures be effective against a liquidator or third-party claimant to the goods? ...

http://markmckillopbarrister.com/2021/07/19/problems-raised-by-uncollected-goods-under-the-ppsa/

PROBLEMS RAISED BY UNCOLLECTED GOODS UNDER THE PPSA When landlords or bailees take possession of uncollected goods, they may be exposed to loss of priority due to the application of the PPSA. The risk can be mitigated by registration on the PPSR, b…

The Federal Court holds that intangibles are capable of being subject to a security interest McCallum, in the Matter of Re Holdco Pty Ltd (Administrators Appointed) (No 2) FCA 377 - Short Summary In this case the Federal Court confirmed, perhaps unsurprisingly, that intellectual property, as an intangible, is “personal property” for the purposes of the PPSA and capable of being subject of a security interest by means of retention of title....

http://markmckillopbarrister.com/2021/04/29/case-note-re-holdco-and-intangible-property-under-the-ppsa/

Case Note: Re Holdco and Intangible Property under the PPSA The Federal Court holds that intangibles are capable of being subject to a security interest McCallum, in the Matter of Re Holdco Pty Ltd (Administrators Appointed) (No 2) [2021] FCA 377 – Sh…

Last week I delivered an update on developments in PPSA case law to an audience at Leo Cussens, an update I present twice each year. The seminar covered 10 recent cases and was part of a morning of presentations on the PPSA by various speakers. A copy of the paper and overheads presented at the seminar can be found here: …...

http://markmckillopbarrister.com/2021/04/28/ppsa-case-law-update-2021/

PPSA Case Law Update – 2021 Profile Picture Last week I delivered an update on developments in PPSA case law to an audience at Leo Cussens, an update I present twice each year. The seminar covered 10 recent cases and was part…

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/2021/02/02/debtor-in-possession-reforms-commence-with-not-much-of-a-bang/

Debtor in Possession Reforms Commence with Not Much of a Bang 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, com…

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/2020/11/26/comments-on-the-exposure-draft-corporations-amendment-corporate-insolvency-reforms-regulations-2020-and-rules-2020/

COMMENTS ON THE EXPOSURE DRAFT CORPORATIONS AMENDMENT (CORPORATE INSOLVENCY REFORMS) REGULATIONS 2020 AND RULES 2020 KEY ASPECTS FOR PRACTITIONERS, PPSA ISSUES AND OTHER MATTERS WORTH NOTING Introduction The Corporations Amendment (Corporate Insolvency Reforms) Bill 2020 (the Bill) was introduced in Parliament on…

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/2020/11/23/common-issues-with-the-ppsa-and-how-to-deal-with-them-as-a-solicitor-or-barrister/

Common Issues with the PPSA and how to deal with them as a solicitor or barrister 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 fre…

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/2020/11/11/small-business-insolvency-reforms-seminar-paper-and-update-on-the-next-draft-of-the-bill/

Small Business Insolvency Reforms Seminar Paper and Update on the next draft of the Bill 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 Ins…

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/2020/10/13/my-submission-on-the-corporations-amendment-corporate-insolvency-reforms-bill-2020-the-bill/

My submission on the Corporations Amendment (Corporate Insolvency Reforms) Bill 2020 (the Bill) 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…

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/2020/10/08/comments-on-the-exposure-draft-of-the-insolvency-reform-legislation-corporations-amendment-corporate-insolvency-reforms-bill-2020/

COMMENTS ON THE EXPOSURE DRAFT OF THE INSOLVENCY REFORM LEGISLATION – CORPORATIONS AMENDMENT (CORPORATE INSOLVENCY REFORMS) BILL 2020 Actual picture of the parliamentary drafting table Laws are like sausages, it is better not to see them being made. Otto von Bismarck After announcing the introduction of streamlined Debtor in Poss…

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/2020/10/07/exposure-draft-of-the-covid-insolvency-reforms-released-just-five-more-days-including-this-weekend-to-make-submissions/

Exposure Draft of the Covid Insolvency Reforms released – just five more days (including this weekend) to make submissions…. 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 expos…

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/2020/09/24/debtor-in-possession-thoughts-on-frydenburgs-insolvency-law-reform-to-commence-1-january-2021/

Debtor in Possession – Thoughts on Frydenburg’s Insolvency Law reform to commence 1 January 2021 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 …

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/2020/09/19/ppsa-mid-year-update/

PPSA Mid Year Update 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 I…

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/2020/07/23/covid-ppsa-update/

COVID PPSA Update 2. The main impact of the PPSA is in insolvency. The first thing a liquidator, administrator or bankruptcy trustee will do when appointed is search the PPSR for relevant registrations. 4. In most a…

Mark McKillop Barrister updated their address.

Mark McKillop Barrister updated their business hours.

In February 2020 I delivered a now annual seminar providing an update on recent PPSA developments at the Leo Cussen Institute. The seminar covered three interesting recent cases: Bluewaters Power 1 Pty Ltd v The Griffin Coal Mining Company Pty Ltd WASC 438 (Bluewaters) BMW Australia Finance Limited v Park Medical Centre Pty Ltd as trustee for Park Medical Centre Unit Trust… [ 135 more words ]
http://markmckillopbarrister.com/2020/04/22/ppsa-update-february-2020-paper/

PPSA Update – February 2020 Paper In February 2020 I delivered a now annual seminar providing an update on recent PPSA developments at the Leo Cussen Institute. The seminar covered three interesting recent cases: Bluewaters Power 1…