Articles by Peter Gosnell

Ex-Jirsch partner tricked brother into signing cheques

Amanda Young. Former Jirsch Sutherland partner Amanda Young allegedly tricked her brother into signing cheques drawn on a liquidation account then deposited the funds into three of her personal credit card accounts, a disciplinary committee has found. Young allegedly deceived her older brother, Jirsch Sutherland partner Sule Arnautovic, by presenting him with multiple cheques to sign in his capacity as liquidator of the St Gregory’s…


Shrinking liquidator population problem for ASIC

iNO Opinion There’s been some interesting work done by Sivaa Consulting in terms of matching statistics for insolvency appointments with numbers of registered liquidators. What the Sivaa analysis shows is that there has not been an annual increase in appointment numbers since 2015 and only one year in the last five – 2016/17 – when the number of registered liquidators wasn’t falling. Given those mutual…


SV Partners boss to pay developer’s costs

SV Partners managing director Terry van der Velde. Where would the legal profession be without property development and the limitless labyrinth of opportunity for dispute that bricks and mortar afford? That’s the question that comes to mind on reading the judgement of Federal Court judge Kathleen Farrell in Campbell v van der Velde as trustee of the bankrupt estate of Marilyn Anne Rowan, in the matter…


ATO-backed liquidators cede case to Family Court

Pitcher Partners’ Andrew Yeo. Pitcher Partners’ Gess Rambaldi. They may not be overly bothered but Pitcher Partners’s Andrew Yeo and Gess Rambaldi have had to relinquish a case involving accused phoenix mastermind Phil Whiteman and his de facto wives. The pair have been pursuing recovery of the proceeds of sale of residential properties located in Balaclava, Elwood and Port Melbourne, Victoria. As the liquidators of…


Liquidator to relinquish casting vote on Tauro offer

Hall Chadwick’s Richard Lawrence. Tauro Capital and Apollo League director Simon Ward. Hall Chadwick Melbourne partner Richard Lawrence will refrain from exercising his casting vote in the event there is a deadlock between creditors prepared to accept Tauro Capital director Simon Ward’s compromise offer and those who want his head. In a report issued to Tauro creditors this week Lawrence said that as a consequence…


FOGO liquidator experiencing FOBBO

Chifley Advisory’s Gavin Moss Chifley Advisory’s Gavin Moss is grappling with a bout of FOBBO (Fear of being booted out) after his appointor commenced proceedings to have him removed. Moss and former Chifley colleague Henry Kwok (now at Pathway Insolvency and Advisory) were appointed voluntary administrators (VAs) of FOGO Brazilia Franchise Holdings (FBFH) in early 2018 by director and Rebel Sports co-founder Ian Dresner. The…


Bulkbuild VA ousted as barking subbies bite

Morton + Lee Insolvency’s Leon Lee. Hall Chadwick’s Ginette Muller. The knives were out from the start when Queensland liquidator Leon Lee accepted the appointment as voluntary administrator (VA) of Bulkbuild Pty Ltd but after the deed was done, the steel sheathed and the stains erased, some of his despatchers were possessed of a benevolent magnanimity. “They said he’s not a bad guy,” a source…


Cor Cordis pair repels replacement bid

Cor Cordis Melbourne partner Bruno Secatore. Cor Cordis Brisbane partner Matt Joiner. Rebellion is all the rage at the moment, and not just on the streets. Creditors hellbent on blame seem more inclined to assert their rights in the current atmosphere of tumult and doubt, including the right to try and dislodge incumbent appointees, as a pair of Cor Cordis partners found this week. Matt…


McGrathNicol trio’s “relevant non-disclosure”

McGrathNicol’s Jason Preston. It wouldn’t do to make too much of the decision of Victorian Supreme Court judicial registrar Ian Irving In the matter of ACN 168 479 614 Pty Ltd (Receivers and Managers Appointed) (Administrators Appointed) [2020] VSC 333 (5 June 2020) but his rulings on disclosure highlight the exacting standards applied to insolvency practitioners seeking to grill directors in the witness box. As…


Liquidator avoids restraint as creditor seeks injunction

Sydney liquidator Steve Nicols will have a tale to tell once orders stemming from the decisions of Justice Stephen Robb in Molenaar v Nicols [2020] NSWSC 674 surface, most likely next week. This is a case where the court’s been asked to resolve vexed questions about the extent to which its powers can be used to restrain a liquidator in administering an insolvent entity’s affairs…