Articles by Peter Gosnell

Judge gives ASIC second chance to ignore misconduct

IRT Advisory’s Andrew Poulter. Following publication of lurid details involving sham arrangements, straw directors and shadowy puppet masters, iNO asked the liquidator responsible for uncovering the imbroglio if he’d reported his findings to ASIC. As it turns out, he had. IRT Advisory’s Andrew Poulter lodged a section 533(1) report with ASIC in January 2018 in respect of what smelled like the liquidation of convenience of…


11th hour administrators ousted

Hall Chadwick’s Richard Albarran. Hall Chadwick partner Kathleen Vouris. Accepting appointments as administrators can be fraught if it comes after winding up proceedings have commenced. Get the money up front at all costs must be the mantra, but in the following tale iNO can only speculate as to whether Hall Chadwick pair Richard Albarran and Kathleen Vouris were paid what they were promised before they…


‘trespass will be shot’ to be replaced with For Sale

Trustee in bankruptcy Schon Condon. Hoons, pig dogs, four wheel drives and firearms. The trappings of your average urban bankruptcy are far removed from this exemplar of the trustee’s eclectic lot, which involves rural properties and an estate unresolved after almost 20 years. In this case trustee in bankruptcy Schon Condon, in whom the property of former bankrupt Evan Alfred Cleaver vests despite Cleaver’s discharge…


WA player enters SME litigation funding space

Hartwell Funds’ Aaron McDonald. Hartwell Funds’ co-owner John Poynton. Having recently broken the news that liquidator Neil Cussen was departing the Sussex Street Sydney offices of Cor Cordis ahead of a planned foray into litigation funding, iNO this week received a call from West Australian legal entrepreneur Aaron McDonald, eager to let us know that he too was active in the dispute financing arena. “The…


Deceased practitioner shadowed to the end

The late Sam Henderson. Insolvency Options principal Darren Vardy. Recently deceased insolvency practitioner Sam Henderson was seemingly in the thick of things to the very end, with a Federal Court judgement detailing meetings the former Jirsch Sutherland partner had with a liquidator in the weeks before he was found dead at a North Sydney hotel on April 4. “I was satisfied that there was good…


Liquidator off the hook for assignee approval bid

Hamilton Murphy partner Trent Hancock. Liquidators with no funding will be relieved to learn that entering into a contract to assign a chose in action is not invalidated simply because it’s the assignee applying for court approval rather than the liquidator. The question came before NSW Supreme Court Corporations judge Ashley Black yesterday after two parties turned up seeking leave to be heard in opposition…


Senator with the answers to headline AIIP 2023

ADVERTORIAL Senator Deborah O’Neill. The individual most likely to determine how Australia’s insolvency regime operates in the years to come will be the headline guest at the 2023 annual conference of the Association of Independent Insolvency Practitioners (AIIP). Senator Deborah O’Neill, chair of the Parliamentary Joint Committee on Corporations and Financial Services inquiry into corporate insolvency in Australia, will appear at Canberra’s Hyatt Hotel on…


Court of appeal rejects bid to cut administrator’s pay

SV Partners’ David Stimpson. We hope David Stimpson felt some relief this week when the Queensland Court of Appeal delivered judgment in the matter of Allied Rural Pty Ltd v Stimpson [2023] QCA 77. The SV Partners executive director deserves closure after being drawn into a ghastly dispute between rival members of Allied Rural which saw Stimpson appointed administrator by the then sole director on…


ProvLiqs avoid suppression order carve out

PKF’s Mark Roufeil. PKF’s Brad Tonks. Being accustomed to “scurrilous”, the description of iNO’s output as “analytical” was sure to rouse your correspondent from his usual aspect, slouched in the corner of court room 8C during the weekly hearing of the NSW Supreme Court’s corporations list. This is particularly so when the individual using the more complimentary term is the Corporations List judge, and so…


Cussen to enter litigation funding fray

Ex-FEG litigation guru Stephen Humphreys. Clover Risk Funding’s Neil Cussen. Cor Cordis partner Neil Cussen is striking out on a new career path, joining with former FEG litigation operative Stephen Humphreys to launch a best-in-practice litigation fund targeting claims under $10 million. Speaking to iNO this week Humphreys confirmed he and Cussen were negotiating how to team up at Clover Risk Funding, though he said…