ATO

Law firm invokes “self-incrimination” in privilege biff

BRI Ferrier’s Peter Krejci.Not surprisingly, liquidator Peter Krejci has encountered stiff resistance as he battles to obtain books and records seized during a raid on a small Sydney law firm and an associated accountancy practice last month.The raid was undertaken by representatives from Bridges Lawyers, the firm engaged to act as an independent lawyer after Krejci obtained Anton Pillar orders to search the premises of…


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…


Improper purpose argument fails to derail examinations

BRI Ferrier’s Peter Krejci. A liquidator being funded by the Commissioner of Taxation (CoT) has defeated an attempt to derail public examinations by respondents who argued that the liquidator’s true purpose was to investigate their tax affairs as opposed to the relevant companies’ examinable affairs.“I do not accept that there was an arguable case as to an improper purpose based on the various inferences that the applicants invited me…


Court douses DoCA optimism

Worrells principal Graeme Beattie.A court’s refusal to adjourn the hearing of a winding up application this week reminded iNO that there is no greater optimist than a non-compliant director.In the matter of De Security Solutions Pty Ltd, NSW Supreme Court judge Ashley Black on Monday was asked to adjourn the hearing of a winding up application being brought by Workers Compensation Nominal Insurer (WCNI).That request…


Gazal saga takes new turn with Legal Aid application

Helm Advisory managing director Stephen Hathway.The ATO’s pursuit of developer Nahi Nasri Gazal took a curious turn yesterday that will interest – or infuriate – the various insolvency practitioners appointed to wind up his debt-shackled development group after the man himself turned up unrepresented in court to advise he had applied for Legal Aid.Wheelchair-bound, accompanied by a bewildered helper and seemingly afflicted with uncontrollable tremors,…


PwC partner’s conflict surmountable court concludes

PwC partner Derrick Vickers.A Queensland company director who thought he could juggle a construction business and a bloodstock agency no doubt thought ousting an unwanted liquidator would be a doddle. Yeah nah.In the Federal Court this week Justice Roger Derrington ruled that while the director’s legal team had identified potential for conflict it was insufficient to justify the appointee’s removal.“The point sought to be advanced…


Delay chills court’s enthusiasm for freezing orders

Aston Chase co-founder Steve Naidenov.Delay. It can be the bane of a liquidator’s existence depending on the circumstances and liquidator Steve Naidenov discovered just how baneful this week.“Counting most strongly against the proposition that the orders sought by the plaintiffs are necessary or desirable to protect the plaintiffs’ interests is the time that has elapsed since the various events upon which the plaintiffs rely to justify the orders sought.” Justice…


Tax boss avoids indemnity costs in Iannuzzi imbroglio

Struck off ex liquidator David Iannuzzi.Evading an order for indemnity costs aside, iNO can’t help wondering if the Commissioner of Taxation (CoT) regrets entering into consent orders with struck off liquidator David Iannuzzi way back in 2019.Sure the CoT avoided the need to go through with the court-ordered inquiry it initially sought into Iannuzzi’s conduct as a registered liquidator, but given what’s transpired since maybe…


Resource shortfall sees small practice lose a plumb

Chifley Advisory’s Gavin Moss.dVT Group partner Henry Kwok.Resource shortfalls can produce plenty of pain for small insolvency practice operators, as evidenced by the difficulties encountered recently by Chifley Advisory principal Gavin Moss.“Mr Moss believes Mr Kwok has access to additional resources in his new firm, especially forensic accountants in dVT Group’s forensic division, to assist with the litigation and investigation regarding voidable transactions which will…


Costs carve up after Dalma DoCA set aside

Jones Partners principal Bruce Gleeson. Jones Partners Daniel Soire.Creditors of controversial and assetless ex-formworker Dalma Form Specialist Pty Ltd (DFS) breathe easy, unless you’re a related party creditor who opposed the application to terminate the DFS DoCA, the creditor who made the application or the creditor who supported it. One way or another you lot just got stung.Such was the outcome when the parties in…