Bankruptcy

Trustee ousted over litigation funding deal

Getting between an ex-wife and a multi-million dollar property in Pyrmont has not turned out well for Veritas Advisory’s Louise Thomson. In a recent judgment of the Federal Court Justice Kathleen Farrell detailed how Thomson, as trustee of the bankrupt estate of Leslie James Young, was certain to be replaced by Jirsch Sutherland’s Stewart Free. What seems to have seriously aggravated Mr Young’s ex-wife and principal…


Queuing for Traill’s Congress of Trustees

SiN hereby confesses that the following is a shameless plug for itself and for Traill & Associates‘ annual Bankruptcy Congress, which SiN is delighted to be attending on Monday, November 14 as official media partner. This is the fourth annual Bankruptcy Congress organised by Traill & Associates, though principal Rosie Traill has been organising and running specialist events for the insolvency profession for more than 15 years….


Fewin fails to pin Prentice on pay

The seemingly interminable struggle in the Federal Court between Fewin Pty Limited and members of the Coshott family against BPS Recovery partner Max Prentice was again laid bare for chronicling yesterday. In the morning Justice Jacquie ‘how sweet it is’ Gleeson tossed out a leave for appeal application made by Fewin, Ronald Michael Coshott and Robert Gilbert Coshott. The applicants were objecting to orders made by Justice…


Opportunism troubles but judge agrees to annul

One has to wonder what was going on with Baycorp Collections and its lawyers following the decision of Federal Court Judge Chris Jessup to annul the bankruptcy of Victorian woman Buket Ozdil. The decision was handed down last Friday after Ozdil applied to have her August 5, 2014 bankruptcy annulled and the bankruptcy notice which led to her bankruptcy set aside. Justice Jessup granted her the…


Bankruptcy regulator tells trustees it shares their concerns

AFSA intervenes over email offer

Well it sounded like the gig of a lifetime, albeit one for a bankruptcy trustee at the end of their career but that may no longer matter. The regulator has intervened. It began last week when Australia’s registered trustees in bankruptcy received an unsolicited email from Pieter de Bruyn of Personnel Concept Group (see: Unusual Offer For Retiree Trustee). The recruiter invited expressions of interest on…


Trustee barred from using conflicted lawyer

It’s not often that a judge tells a bankruptcy trustee to hire a different lawyer. However in the case of Leroy versus Mogilevsky, Hall Chadwick partner Paul Leroy has suffered just such a fate. Last week Federal Circuit Judge Michael Jarrett ordered that Leroy be restrained from retaining Gold Coast lawyer Jeremy Worcester of Worcester & Co as his legal representation in the matter. The…


Mental illness and bankruptcy: are they such uncommon bedfellows?

Bankrupt’s mental illness excuse dismissed

As Australia’s population ages and the costs of modernity multiply, insolvency practitioners will find themselves dealing more frequently with clients unfit to exercise their responsibilities and obligations. This story is not about them. This story is about a bankrupt whose attempts to be exempted from a public examination on the grounds that it would exacerbate her mental illness have come to naught in the Federal…


A recruitment firm is seeking a bankruptcy trustee and offering a full time salary for a part time role

Unusual offer for retiree trustee

SiN doesn’t normally do job ads but what came across the desk in the last few days was different. A well known recruiter circulated an email earlier this week. The offering is somewhat curious. The Australian Financial Security Authority (AFSA) might care to take note. If you are a trustee in bankruptcy in the twilight of your career you might be interested. Here is the…


Innovation statement foments debate

THE changes to insolvency mooted in the Federal Government’s Innovation Statement provide an ideal opportunity for insolvency practitioners to host seminars. There the invited can hear the pros and cons debated then opine at length during the drink and nibbles that invariably follow. Last week Schon Condon, James McPherson and the rest of the Condon Associates team were at it, packing their conference room on…


Bankrupt Dolores Lavin wants to be exempted from attending a liquidator's examination due to a mystery ailment

Mystery behind bankrupt’s bid to be excused

ONE can only imagine what Worrell’s Aaron Lucan is making of the application by self-declared bankrupt Dolores Lavin to be exempted from being examined about her financial affairs. In the Federal Circuit Court yesterday Lavin’s barrister Geoff McDonald said that a ‘medico’ had been identified who could provide the expert testimony upon which Lavin will rely in her application to have her summons to appear at…