ATO

Rival IPs bound for court over alleged $150m fraud

Jones Partners principal Bruce Gleeson. Helm Advisory managing director Stephen Hathway.Rival insolvency practitioners could shortly be facing off control of a corporate group that’s allegedly defrauded the Australian Tax Office (ATO) of $150 million. Before any showdown with lawyers occurs however, the rivals have time to negotiate a less adversarial outcome thanks to the decision of the administrators of Dalma Form Specialist Pty Ltd (DFS)…


Not so fast Mr Mansfield

Deloitte’s David Mansfield.Insolvency Options principal Darren Vardy.Maybe the perpetually youthful David Mansfield has known for a while that the winding up of Roseville Construction Services Pty Ltd (RCS) might not be a straightforward creditors voluntary given its links to one of Australia’s largest alleged payroll tax scams. Then again maybe not.Either way things could be set to change when liquidator Darren Vardy applies in the…


Mother of all partnership disputes ain’t over yet

Insolvency Experts’ principal Steve Kugel.CRS Warner principal Anthony WarnerIt started in 2015 and maybe it’ll conclude this year. But given the potential for disagreement generated over almost 10 years of litigation, who the hell knows.Since November 2018 when the principle issues were thought to be resolved in the plaintiff’s favour in Shazbot Pty Ltd v Warner Capital Pty Ltd [2018] NSWSC 1645 two warring Sydney…


Tax boss and banned RL on same side in costs dispute

Ex-liquidator David Iannuzzi.Chris Jordan probably never imagined he’d be lumped in with disgraced ex-liquidator David Iannuzzi on the same side of a legal dispute. It was the current Commissioner of Taxation (CoT) after all who was at the helm of the ATO when the proceedings the tax office commenced in 2017 culminated with Iannuzzi consenting to Federal Court orders striking his name from the roll…


More 11th hour VAs crushed by courts

BDO partner Matthew Blum.BDO partner Luke Andrews.Practitioners accepting gigs as voluntary administrators (VAs) after winding up proceedings have been commenced continue to be cannon fodder for Australia’s largest creditor.Recently we reported on a VA’s challenge to the hearing of an application to wind up of Rio Dorado Limited via an application for an adjournment. The argument was that creditors should have the opportunity to vote…


ATO debt no bar to pre-insolvency guru’s expo gig

de Jonge Read founder and executive director Henry ‘Hank’ de Jonge.At first glance, schooling accountants on saving businesses when one of your own companies is hopelessly insolvent would seem presumptuous.But maybe insights that cannot be acquired without enduring the stigma of unmanageable indebtedness imbue one with unmatched credibility?Certainly the recent placing of two companies into liquidation – one of which owes the Australian Tax Office…


Rival insolvency lawyers had the same instructor

Piper Alderman partner Thomas Russell. Hegarty Legal’s Peter Hegarty. It can’t be easy for lawyers making their bones in the insolvency space. You need worthwhile referrers and clarity about whether you’re going to implicitly trust your clients or proceed on the basis that such a course would constitute an intolerable risk. Whichever path is chosen there’s always the potential for uncertainties around retainers and ….


Lawyer’s “fat finger” added a zero to ATO payment

Nelson McKinnon’s Steve Agosta.Insolvency Option’s Darren Vardy.Punching the wrong key and submitting an incorrect amount – the dreaded “fat finger” error – rarely attracts attention if the sum is less than intended. When it’s more it’s a different story. When it’s more iNO for one sits up and takes notice, not that iNO was slouching at the back of Federal Court 19B on Monday when…


It’s a liquidator’s prerogative to change their mind

Liquidator Tony Cant.Liquidator Craig Bolwell.Hopefully there’s no hard feelings after a judge this week rejected an appeal in respect of a lengthy proof of debt dispute involving two Victorian liquidators.“In any event, there is nothing in the evidence to suggest the defendant’s later adjudication was made capriciously, in bad faith or without proper regard to the relevant facts and law.” Associate Justice Julian Hetyey.This stoush…


Pre-insolvency advisor changes name, winds up

de Jonge Read founder and executive director Henry ‘Hank’ de Jonge.When a prominent pre-insolvency advisor, in the midst of surging levels of external administration, calls in liquidators iNO cannot look away because in all likelihood, there’s bound to be something to see.In this instance it’s Henry “Hank” de Jonge and Ashley Shield, those well known providores of “Pre-Insolvency advice you can trust” from national firm…