Articles by Peter Gosnell

Jirsch says goodbye to partner and COO

Resigned. Ex- Jirsch Sutherland partner Daniel Civil. Among the litter of fledgling new insolvency firms that have been spawned during this pandemic period, there have also been – inevitably – departures. The grass always looks greener when you’re standing on scorched earth. In recent weeks national mid-tier Jirsch Sutherland has lost two senior operatives with the departures of chief operating officer Gareth Gammon and long…


KPMG trio turn to fixer to clear them of conflict

Proposed Salt Lake Potash Limited Special Purpose Administrator Dermott McVeigh of Avior Consulting. So you concede your appointment might appear to be less than entirely free of conflict, that regulators and others are scrutinising the circumstances of said appointment and your solution is to apply to a court to appoint a special purpose administrator (SPA), whose job will include clearing you (hopefully) of any conduct…


Failed appeal follows imprudent refusal

Hall Chadwick partner Blair Pleash. When you’re being funded to pursue litigation, it’s not difficult to double down and appeal after a stinging loss. For Hall Chadwick partner Blair Pleash, trying to cajole a ceasefire from the bowels of defeat has meant being bitten twice in a month after the Federal Court of Appeal last week dismissed his bid to overturn a ruling rejecting his…


Ousted VA extracts fees despite demands for costs

Greyhouse Partners’ Ben Verney. Commercial judgment appears to have won out in respect of a dispute over the fees of a former voluntary administrator (VA) who refused to comply with a costs order while his remuneration remained unapproved. The recently resolved stand off involved Greyhouse Partners Ben Verney, who was formerly voluntary administrator (VA) of Icon Construction Australia (NSW) Pty Ltd (ICA NSW), the company’s…


Last in liquidator can’t convince court to extend

Hall Chadwick’s Ginette Muller. Marcus Watters of Hall Chadwick. Persuading a court to extend the deadline by which time you must commence proceedings can be a hard slog, particularly when your unfunded predecessors found nothing to see. Such however have been the travails recently endured by Jirsch Sutherland Brisbane partner Chris Baskerville and thoughtfully catalogued by Queensland Supreme Court judge Glen Martin in Baskerville v…


AIIP MELBOURNE CHAPTER MINI CONFERENCE

ADVERTORIAL The Melbourne Insolvency Community will get together on Tuesday 30 November for a morning of short, sharp, terrific TED style presentations by top speakers followed by lunch and plenty of networking at the RACV Club. The AIIP’s mini conference styled “out on parole” includes a case study on the Equestrian Australia Voluntary Administration from Robert Dalton, CEO of Sport Australia, a session on eliminating…


Liquidator facing removal over funder’s proof of debt

Liquidator Moira Carter. When your funder is the major creditor by an insurmountable majority and wants you to use its preferred lawfirm, well, what’re you going to do? Particularly when your funder is that model of decorum in litigation, the Commonwealth. For one North Queensland liquidator, this scenario has armed enemies who are not only seeking to remove her but also want the Commonwealth’s proof…


When directors look the other way and it’s okay

RSM partner Neil Cribb. Sheridan’s Jennifer Low. As best we can tell RSM partner and West Australia insolvency veteran Neil Cribb has chosen not to appeal the November 11 decision of Federal Court judge Neil McKerracher in Cribb v Kingsbury (No 2) [2021] FCA 1397. “No doubt such cases will come in many different forms, but certainly in this case I do not consider Mr Kingsbury’s…


Reform advocate referred to disciplinary committee

Crouch Amirbeaggi co-founder Nick Crouch. For at least a decade Nick Crouch has advocated for reform of insolvency laws with the aim of achieving a simpler regulatory regime for businesses seeking to survive, but now it’s the NSW north coast native’s own license to liquidate that’s under threat. Last week the Crouch Amirbeaggi co-founder was referred by ASIC to a Schedule 2 disciplinary committee, no…


Morelli application omits detail needed to affirm fees

Bradd Morelli may have, as a judge said this week, submitted a great many remuneration approval applications during his 15 years as a registered liquidator, but experience doesn’t excuse even veteran practitioners from providing supporting evidence sufficient for courts to affirm applications for fees. “I don’t have the evidence necessary to determine it.” Justice Ashley Black. That maxim, or at least the version Morelli’s solicitor…