Brendan Nixon. When a firm has but a single WIP magnet, its continued existence might be deemed precarious when the appointment taker declares he’s done. According to iNO’s sources, that’s what’s happening up in Annastonia where Jarrod Sierocki’s SM Solvency Accountants is contemplating the departure of key man and registered liquidator Brendan Nixon. We hear Brisbane-based Nixon has decided to take a break and with…
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. Barring settlement at mediation or ASIC’s case collapsing for want of competence the next 18 months represents a period of nagging uncertainty for Jason Bettles. Orders made in the Federal…
KPMG’s Andrew Smith. KPMG’s Martin Jones. ASIC’s record of litigation against registered liquidators continues to resist improvement, with a judge yesterday labelling the regulator’s bid to induce him to slash the fees of two voluntary administrators (VAs) as “unprincipled” and “wholly pointless”. “It was never viable to differentiate work that was said to be ‘tainted’, from work said not to be. If it is ASIC’s…
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…
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…
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…
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…
KPMG partner John Lindholm. Today’s the day for Heidi Elizabeth Walters and Aryn Henry Hala, the former director and director respectively of A One Multi Services Pty Ltd (A One). By 5pm Australian Eastern Standard Time (AEST) the pair, both 40 of Redbank Plains in Queensland, must either surrender access to their bitcoin accounts or breach orders of the Federal Court. The only alternative –…
KPMG’s Tim Michael. KPMG partner John Lindholm. Gold Coast solicitor Chris Nyst could have the makings of a momentous new novel at his fingertips following ASIC’s ex-parte application for orders freezing the assets and confining to the jurisdiction Heidi Elizabeth Walters and Aryn Henry Hala. “The significant difficulty for ASIC is that, by its nature, cryptocurrency is easily transferred and moved about. Moreover, it can…
KPMG’s Martin Jones. KPMG partner Hayden White. Mindful of the scrutiny being applied by ARITA and ASIC to three EY WA partners, three WA domiciled restructuring practitioners at KPMG have moved early to quell conflict concerns in respect of their appointments last week as voluntary administrators (VAs) of Salt Lake Potash Limited (SLPL). In making their declaration of relevant relationships, independence and indemnities (DIRRI) KPMG…