Directors' Briefing: Navigating Safe Harbour Reform

Tue 14 Nov 2017
5.15pm to 7.30pm





Barry Rafe

Barry Rafe

Principal, Rafe Consulting

Barry is an experienced financial services professional with experience as a director, CEO and consultant to significant financial services firms and superannuation funds.

Barry is a Fellow of the Actuaries Institute and a Fellow of the Australian Institute of Company Directors. Barry works with boards and provides advice on board governance, board effectiveness, evaluation, and strategy development. Barry also facilitates courses for the Australian Institute of Company Directors including their flagship Company Director Course. Barry is a writer and reviewer of some of AICD’s courses.

Barry is currently a director of the Actuaries Institute, Greenpeace Australia Pacific and a small research startup business.

Barry provides strategic business advice to financial services businesses and large superannuation funds on issues such as product development, long range business planning and board governance. He also presents on professionalism to new actuaries, financial planner groups and other professions.

Rebecca Davies FAICD

Director, LCM Healthcare

After a long career as a corporate lawyer, Rebecca Davies made the move to the non-executive director portfolio world in 2009 and started working with the Australian Institute of Company Directors as a facilitator and writer in 2011 and is a member of its National Education Advisory Committee.

Rebecca is currently a director of LCM Healthcare, JDRF Australia, Transparency International Australia, chairs the Palestrina Foundation and is deputy chair of Chris O'Brien Lifehouse. Rebecca is a member of the Health Innovation Advisory Committee of the National Health and Medical Research Council, the Australian Health Ethics Committee and a past member of the Research Committee. She is president of the Heart Foundation, NSW and on its national board.

She is a member of the Finance Council for the Sydney Catholic Archdiocese and the Advisory Board for the Catholic Development Fund (Sydney) and has recently been appointed to the board of Catholic Healthcare Limited. She was formerly chair of the MLC superannuation subsidiaries and Gondwana Choirs, a board member at the Private Health Insurance Administration Council, JDRF International and the Westpac/BT superannuation and financial services subsidiaries, and an elected board member at law firm Freehills.

Rebecca is committed to helping those organisations with which she is involved make a positive contribution to our community, and loves meeting participants in Australian Institute of Company Directors courses and events who share that same goal.

Peter Gothard

Peter Gothard

Managing Partner, Ferrier Hodgson

Peter Gothard has over 25 years experience specialising in restructuring, corporate advisory and insolvency in Australia, the US and Asia. He has been involved in a number of formal and informal restructuring assignments involving complex business structures and syndicated lending facilities in Australia, the United States, South East Asia and Japan. Peter is experienced at negotiating with all levels of stakeholders, actively implementing change and managing businesses through restructuring processes in both distressed and non-distressed environments. Peter is a Fellow of INSOL, the International Association of Insolvency, Restructuring & Bankruptcy Professionals.

Noel McCoy

Noel McCoy

Partner, Henry Davis York

Noel is a specialist in complex turnaround, restructuring and insolvency matters with over 14 years' experience in advising and representing cross-border, financial services and government clients.

He has helped lead some of Australia's most significant cross-border insolvency engagements, including in conducting the first appellate decision in Australia under the UNCITRAL Model Law on Cross Border insolvency (Saad Investments). Noel acts for the foreign liquidators of Centaur Litigation in conducting Australian investigations and litigation and has advised on the Caledonian Bank restructure. Noel also has extensive experience in international judgment enforcement & offshore asset recovery.

Noel currently advises a variety of NSW and Commonwealth government agencies on their financial commitments and exposures. He helps lead HDY's engagement with the Commonwealth Department of Employment in connection with the Fair Entitlements Guarantee Program.

Noel has advised major Australian financial institutions and not-for-profit organisations about lending and restructuring taking into account the unique challenges and profiles of not-for-profit organisations. Noel had primary carriage of HDY's receivership engagement giving rise to the landmark decision of Re Anglican Development Fund Diocese of Bathurst (2015) 336 ALR 372.

Safe Harbour and ipso facto reforms for Directors

In order for innovative thinking to succeed the risk of failure needs to be embraced.

This means recognising that in pursuing new ideas and opportunities some businesses will fail. It is very hard for directors to make tough decisions due to Australia’s current insolvency laws.

Our Insolvency experts will discuss how the proposed Safe Harbour and ipso facto reforms for directors will allow boards to explore restructuring options without incurring personal liability for insolvent trading and consequently give the board a greater capacity to evaluate a struggling company’s options.

The session will conclude with a hypothetical discussion between directors and their advisors asking the questions that directors need answered so they can safely turn the company around.


Ferrier HodgsonHenry Davis York

Contact details

Katie Ardzejewski
Members & Directors Coordinator (Programs)
T. 02 8248 2776