Published on 26 Aug 05
by NATIONAL EVENTS, TAXATION INSTITUTE OF AUSTRALIA
This paper covers two separate topics:
- creditors and property proceedings after the Bankruptcy and Family Law Legislation Amendment Act 2005 (No. 20 of 2005) important parts of which came into force on 15 April 2005 and the remainder on 18 September 2005
- Family Court powers under Part VIIIAA of the Family Law Act 1975 which came into force on 17 December 2004.
This was also presented on 1 December 2005 at the repeat 13th National Tax Intensive Retreat.
Garry gained insolvency law experience in the Deputy Commonwealth Crown Solicitor's office from 1972, Garry joined a small Melbourne firm of solicitors in 1976. From 1980 to 1990, he was a sole practitioner appearing in many reported bankruptcy and company liquidation cases. In 1990, his practice merged with the Melbourne firm of J. M. Smith & Emmerton, where he practiced, principally as an advocate, in the fields of Bankruptcy and Corporate Insolvency Law, Commercial Litigation and Administrative Law. Garry was appointed Queen's Counsel in 1994, the first solicitor to be so appointed since the establishment of the Victorian Bar. Throughout his time at J. M. Smith & Emmerton, he established and developed a successful advocacy and insolvency law profit centre within the firm, eventually directly supervising the appearance work of three junior advocates and two solicitors, as well as coordinating the briefing of inhouse advocates by numerous other solicitors within the firm. Garry left J. M. Smith & Emmerton (which has since participated in several mergers and changed its name to Gadens Lawyers) at the end of February 1998 and now practices on his own account at the Victorian Bar. He is a founding member of the Insolvency and Reconstruction Law Committee of the Business Law Section of the Law Council of Australia.
- Current at
13 May 2005