ATO

Former Jirsch Sutherland partner found dead

The late Sam Henderson. A man pronounced dead after emergency services were called to a Sydney hotel has been confirmed as former Jirsch Sutherland partner Sam Henderson. Police were called to the Vibe Hotel in North Sydney around 3pm on Tuesday, April 4 amid concerns for a man’s welfare. “On arrival, officers from North Shore Police Area Command found a 45-year-old man deceased,” NSW Police…


Commissioner fiddled as claims deadline burned

Steven Golledge SC. The Commissioner of Taxation’s (CoT) ears would’ve been aflame last week as Steven Golledge SC excoriated the highest tax officer in the land for repeatedly failing to preserve claims to millions lost to illegal phoenixing. As iNO reported in Banq Jurisdiction Case Could Limit Late Start Litigation, ex-clients of the controversial Banq Accountants & Advisers are seeking to overturn the basis on…


Banq jurisdiction case could limit late start litigation

Ex-liquidator David Iannuzzi. Commencing proceedings years after the deadline for such actions has expired is in for a test as the long running battle between the Commissioner of Taxation (CoT) and clients and interests associated with the notorious Banq Accountants & Advisors group flares again. The latest outbreak involves an appeal in the Federal Court by various beneficiaries of the Banq tax evasion scheme against…


Liquidators and ATO at odds over relation back date

Rodgers Reidy director David Hambleton. Two Queensland liquidators are licking their wounds after betting that the Commissioner of Taxation (CoT) was wrong on the question of the relation back date for 52 The Esplanade Pty Ltd, a Surfers Paradise cafe operator. The question came before Queensland Supreme Court judge Declan Kelly for determination on March 15 and judgment in Re 52 The Esplanade Pty Ltd…


Liquidator gains conditional relief from ATO

Morton + Lee Insolvency’s Leon Lee. Never say never seems to be the safest position for insolvency practitioners dealing with the Australian Tax Office (ATO). The Commonwealth Shylock’s rulings on tax liabilities can make rubber look rigid and equally elastic are its rulings in respect of monies to be credited back to a company in liquidation. That presents challenges for liquidators with surpluses to distribute…


Brew Still my beating heart

Shaw Gidley principal Paul Gidley. Rodgers Reidy’s Andrew Barnden. There are few things that should get the pulse racing like consenting to become administrator of a corporation about to be wound up. Knowing there’s a problematic debt, knowing that a hearing’s imminent and knowing not much else about an entity’s affairs must elevate the tension for even the most cocksure practitioner, especially in circumstances where,…


EY newbie a regulators’ favourite

Amos Insolvency’s Peter Amos. EY’s Robyn Duggan. If anyone was wondering why newish EY recruit Robyn Duggan took so few appointments in 2022 it was probably because for a fair part of that year she knew she was leaving KPMG, the firm that offered her a place after it swallowed Ferrier Hodgson in 2019. In the current financial year Duggan took just one appointment in…


Practitioner self suspends as questions asked about $3m

Back in 2019 iNO reported on the appointment of a reviewing liquidator to assess the files of a practitioner located in south western Sydney. Naturally enough the findings of such reviews are confidential but the outcomes that flow from them can’t be concealed permanently. Last year ASIC imposed a restraint on the practitioner’s registration such that he couldn’t accept any further insolvency appointments, starting from…


Casting vote deployed after FEG voices opinion

Hogan Sprowles partner Michael Hogan. O’Brien Palmer’sLiam Bailey. Unlike the dreaded die, in this fateful tale the decision on how the vote was cast came after the active creditor voiced its view. And from the reports of those who were there, it sounds like a classic case of a meeting – and an appointment – slipping from a liquidator’s fingers. The venue was the Clarence…


Trustees in the hole after bankrupt’s appeal

Vincents’ Nick Combis. Merchant Advisory’s Louisa Sijabat. A successful appeal in the Federal Court has left two registered trustees facing a hefty costs order from an unenviable position deep in the hole on their fees. The pair, who’ve been pursuing almost $550,000 they claimed the bankrupt had paid into his superannuation fund to defeat creditors, had opposed the appeal. But the decision handed down this…