Articles by Peter Gosnell

Seven month silence earns adverse costs order

Worrells Partner Aaron Lucan. Worrells’ partner Aaron Lucan has been ordered to pay an indemnity costs order personally after indulging a seven month silence in respect of proceedings brought against the Deputy Commissioner of Taxation (DCoT) by a company to which Lucan is the appointed liquidator. “The effect of ordering the first plaintiff to pay the defendants’ costs would be to visit the consequences of…


The risks of tapping proceeds of crime for fees

O’Brien Palmer’s Daniel Frisken. Never presume to position yourself between the Commissioner of the Australian Federal Police and an allegedly ill-gotten dollar. As O’Brien Palmer’s Daniel Frisken has discovered, and as is detailed in the matter of The Commissioner of the Australian Federal Police v Pharmacy Depot Hurstville Pty Ltd (in liq) (No 2) [2020] NSWSC 1571 the outcome is unlikely to prove favourable to…


Ex-VA back as liquidator after incumbent ousted

DW Advisory’s Paul Weston. Worrells partner Simon Cathro. Paul Weston has been appointed liquidator of South Pelagic Holdings Pty Ltd at a meeting convened at the behest of creditors seeking to punt Worrells’ Simon Cathro, whom a court had in February appointed to replace the company’s then administrator, Weston. Independence breach you shrill? No. Not a bit of it. At least not according to Weston…


Liquidator next to grill Premier’s disgraced ex

Louttit & Associates’ Jamieson Louttit While the recent ICAC hearings were what put the spotlight on NSW Premier Gladys Berijiklian’s former relationship with former Wagga Wagga local member Darryl Maguire, Sydney insolvency practitioner Jamieson Louttit is also planning to illuminate certain activities connected to the disgraced ex-politician. Last month Louttit replaced PKF’s Brad Tonks as liquidator of UWE Hay Pty Ltd, UWE – Griffith Property…


Auxilium’s Cockatoo coup bails out ex-receivers

Auxilium Partners’ Bob Jacobs. There will be jubilation in certain quarters following the sale last week of Pluton Resources’ iron ore operation on Cockatoo Island, located in the aptly named Buccaneer Archipelago off West Australia’s northern coast. Whilst Pluton receiver and Auxilium Partners principal Bob Jacobs can claim credit for succeeding where a procession of his predecessors failed, KordaMentha’s John Bumbak and Janna Robertson (now…


BRI Ferrier NSW splits as veteran departs

BRI Ferrier’s Peter Krejci. FerrierSilvia’s Brian Silvia. As was foreshadowed by iNO on July 1, veteran liquidator Brian Silvia has parted company with the BRI Ferrier group, though not with the Ferrier name as evidenced by the registration in June of FerrierSilvia Pty Ltd. iNO understands that the split of the NSW BRI Ferrier affiliate was formalised over the weekend. In a statement BRI Ferrier…


Liquidator faked memoranda to fool ASIC

Macks Advisory’s Peter Macks. South Australian liquidator Peter Macks faked documents in an attempt to foil an ASIC investigation, a court has found. In Australian Securities and Investments Commission v Peter Ivan Macks (No.4) [2020] SASC 209 South Australian Supreme Court judge Sam Doyle said Macks had acted dishonestly and for the purpose of deceiving ASIC in respect of a memoranda Macks provided to the…


Worrells partner wins round one in ASIC phoenix fight

Worrells partner Jason Bettles. Editor’s Note: On Friday, August 18, 2023 Justice Brigitte Markovic of the Federal Court of Australia dismissed ASIC’s case against liquidator Jason Bettles and ordered the regulator to pay Bettles’ costs. ASIC has suffered a humiliating setback in its bid to have the liquidator’s registration of Jason Bettles cancelled, with the Federal Court on Wednesday ordering the regulator to reformulate its…


DCoT’s Busby Affidavit aimed at ousting FTI duo

FTI Consulting’s Joanne Dunn. FTI Consulting’s John Park. It might not deliver the impact of a best seller like The Bourne Identity but around FTI Consulting QLD’s Central Plaza HQ at least we reckon The Busby Affidavit is quite the page turner. Contained within this innocuously monikered document lies nothing less than a bid by the Deputy Commissioner of Taxation’s (DCoT) to relieve FTI’s Joanne…


Could $850,000 lighten ASIC metrics burden?

ASIC’s top liquidator cop Thea Eszenyi. There’s nothing like internal ructions inside a big organisation – think chairpersons paid way too much to move from Hong Kong – to loosen a few lips so when ASIC’s chief liquidator cop Thea Eszenyi referred to $850,000 in costs the regulator had recovered from chastened liquidators who she declined to name it wasn’t hard for iNO to establish…