Bankruptcy

6th annual Bankruptcy Congress

Advertorial – Traill & Associates’ Bankruptcy Congress The next plane on Rosie’s runway is the annual Bankruptcy Congress –  now in its 6th year, at the conveniently located Wesley Centre in Sydney on December 3, with the Cocktail Party at the ArtHouse Hotel that evening followed by optional concurrent workshops on December 4. Not only is the Congress the only – according to Rosie – professional development event catering…


To trust creditors, or to all – that is the question

In all the excitement surrounding the Kilarnee and Amerind cases, similar questions about rights of indemnity and exoneration as they apply to trustees have been somewhat overlooked in the bankruptcy context, but the issues have been ventilated, most recently in Lane (Trustee), in the matter of Lee (Bankrupt) v Commissioner of Taxation (No 3) [2018] FCA 1572 (19 October 2018). This one involves a preference paid…


AAT overrules Inspector General over trustee objection

In the decision of Jones and Inspector-General in Bankruptcy [2018] AATA 3260 (5 September 2018) the indispensability of rigour is made abundantly clear. Back in September 2016 West Australian-based bankruptcy trustee George Lopez lodged an objection under Section 149B with the Official Receiver to the discharge from bankruptcy of Yozique art aficionados, Sharon and Garrick Jones. The Melsom Robson partner resolved to lodge the objection after deciding that the now…


Advertorial: Bootcamps fill void left by AFSA

Readers of INO may be aware that we are a regular media partner for the bankruptcy bootcamps and professional development offerings of Rosie Traill’s Traill & Associates. Best known for her Practical Insolvency series – now in its 18th year – more recently Rosie established an annual Bankruptcy Congress filling the gap left by AFSA’s withdrawal. The newest addition to the roster are the ”bankruptcy…


Pitchers pair affirm reforms in Federal Court fight

Pitcher Partners Andrew Yeo and Gess Rambaldi have extracted a decision from the Federal Court that goes a long way to affirming the insolvency law reforms dealing with causes of action and what insolvency practitioners can do with them. “The decision hopefully supports the closely related law reforms from September 2017,” Yeo and Rambaldi told Insolvency News Online (INO). “Prior to the changes, the liquidator…


Trustee ticked off for potential privacy breach

Cor Cordis Melbourne partner Daniel Juratowitch has come in for some stick from Federal Circuit Court judge Heather Riley but given the lack of engagement by the bankrupt over an extended period, it’s hard not to sympathise. Juratowitch was appointed trustee of the bankrupt’s estate on December 13, 2016. On April 27, 2018 she applied to have the order sequestering her estate set aside. The…


Regulators continue jihad on practitioner compliance

COMMENT Presenting oneself as a fierce and tireless scrutiniser of insolvency practitioners is all the rage among the relevant regulators at the moment. The view among much of the bureaucracy seems to be that these highly qualified professionals cannot be trusted and only heavy regulatory shackles will prevent them from abusing their position to the detriment of all. It’s nonsense of course but regulation is…


Expelled ARITA member now bankrupt

It’s been an eventful few weeks for far north Queensland liquidator and former ARITA member Justin James Cadman. On June 6 ARITA announced that it had expelled him from the association after ARITA’s Professional Conduct Committee ruled that he’d brought the reputation of ARITA and the profession into disrepute. That was Wednesday last week. Two days later he was bankrupted in the Federal Court, we believe following…


PwC/PPBA deal stalls Borrelli Walsh move down under

International insolvency and restructuring firm Borrelli Walsh has temporarily shelved plans to establish an Australian office in the wake of PwC’s purchase of PPB Advisory (PPBA). A source close to the firm told Insolvency News Online that the Hong Kong-headquartered firm had been about to sign a lease for premises in Sydney when news broke about the PwC takeover of PPBA, details of which were revealed exclusively by INO in: Merger: PPB…


Concurrent appointment almost trips Worrells partner

Nick Cooper is apparently on the verge of extracting himself from an unfortunate stoush with a former bankrupt who launched proceedings against the Worrells’ partner in the South Australian District Court. Cooper told INO yesterday that the matter was the subject of a confidential settlement in the final stages of being agreed to but that it involved an ATO debt and a caveat he’d lodged over property…