ASIC

Depression drove gaoled liquidator to steal

Ex-liquidator Peter Amos before sentencing. Deep depression, manifesting as suicide attempts, gambling and alcohol abuse, was the main reason gaoled former liquidator Peter Amos began stealing from liquidation accounts according to District Court Judge Robyn Tupman, whose long awaited reasons for sentencing Amos to four years in prison were published yesterday. ” … the offender claims that at least for some of the offences, the dishonesty…


Applications to replace and updates to DIRRIs

FTI Consulting’s Vaughan Strawbridge. Jones Partners Daniel Soire. iNO is harbouring a Lake Eyre of skepticism in respect of recent instances where updated DIRRIs have been lodged by liquidators shortly after they’ve been served with proceedings seeking their removal. On July 23 ASIC received an updated DIRRI from Vaughan Strawbridge, who’s lead appointee on the Mosaic Brands Limited (MBL) liquidation. Along with colleagues Kate Warwick,…


Handling of replacement resolution may be challenged

Jones Partners Daniel Soire. A liquidator who favoured a pair of proofs over a lone vote with majority in value may still be ousted if the unsuccessful creditor, who’s claiming $600,000, heads to court. The stoush involves Jones Partners’ Daniel Soire, who was appointed liquidator of Technology Solutions Experts Pty Ltd via creditors voluntary on April 17 this year. At a meeting convened on June…


ASIC interventions not always welcome

BCR Advisory’s John Morgan. Olvera Advisors’ Tony Wright. For a newly installed receiver it can be unfortunate when ASIC intervenes in proceedings commended by your appointor. Will the regulator be happy to go with the practitioner who’s provided the consent? Or will some other factor come into play? On Monday an example came our way when judgment in Cussen, in the matter of Lindak Investment…


REX VAs spared costs of ASIC’s discovery

EY’s Justin Walsh. Until this week ASIC’s pursuit of REX Airlines and its directors had also been causing the company’s voluntary administrators (VAs) unease given the potential costs of complying with court orders the regulator’s obtained for disclosure and discovery. But Samuel Freeman, Adam Nikitins and Justin Walsh can now shelve the Xanax. In the NSW Supreme Court yesterday orders were made which will see…


Liquidator wins fight to obscure his name

Administrative Review Tribunal Member Michael Abood. With the help of a benevolent Tribunalist, a Sydney liquidator has foiled efforts by ASIC to identify him in a disciplinary committee decision which found he’d breached his independence obligations. “At the interview the Applicant, on the advice of his counsel, was unwilling to answer questions seeking to test his understanding of independence requirements in the context of pre-insolvency…


Axed administrator appointed for improper purpose

Hall Chadwick partner Blair Pleash. It’s only early but details recently released may represent the most egregious example of an administrator turning a blind eye that we’ll see all year. “I am conscious of the gravity of concluding that I do not accept Mr Pleash’s evidence given his status as a registered liquidator. Affording due weight to the contemporaneous documents, I have concluded that Mr…


When the environment’s the Priority Creditor

SV Partners’ Matthew Hudson. SV Partners’ Matt Hudson recently saw first hand how state environment laws impose themselves on external administrations after he was appointed to a business that dealt in hazardous chemicals until it blew up its rented premises. The details are in contained in Hudson, in the matter of ACB Group Pty Ltd (in liq) [2025] FCA 90 which provides good guidance for…


Macks’ Kafkaesque return to Registration

Fighting to renew. Peter Macks. South Australian liquidator Peter Macks has been through the wringer in recent years, a painful squeeze through fate’s indifferent narrows that was mostly self-propelled. “The obligation to maintain adequate and appropriate insurance in s 25-1 of the IPSC is a present obligation relating to working as a registered liquidator and consequently does not apply to a suspended liquidator not working…


Ex-liquidator Peter Amos gaoled

Ex-liquidator Peter Amos before sentencing today. Former liquidator Peter Andrew Amos has been gaoled for a minimum two years, almost 12 months to the day after pleading guilty to six charges of dishonesty and unjust enrichment. Amos, who’s been living at Avoca while on bail, was handcuffed by corrective services officers and led from the court with his partner looking on after being sentenced to…