O’Brien Palmer’s Daniel Frisken. O’Brien Palmer partner Daniel Frisken has had to go to Court to have his June 16, 2021 appointment as voluntary administrator (VA) of NPH Group validated after the company’s sole director conceded he’s a bankrupt. On Wednesday Federal Court judge Elizabeth Cheeseman heard that Frisken needed to have confirmed his appointment as both VA and as liquidator of the troubled builder, the latter…
KPMG’s Matthew Woods There’s a line between acceptable levels of risk taking on behalf of creditors and forcing one’s hand in pursuit of fees, and as Federal Court judge Darren Jackson recently explained, material distinctions in respect of indemnities when things go south. Or in this case west, where those material differences came to the fore when KPMG’s Perth-based head honcho of restructuring Matt Woods…
BPS Recovery’s Dave Sampson. AFSA has issued an official caution to a Sydney-based bankruptcy trustee following investigation of a meeting convened under 75-175(2)(b) of the Bankruptcy Rules to consider a Section 73 compromise proposed by pornographer Damien Costas. “This legislation applies to general meetings and not meetings held for the purposes of creditors to consider a section 73 proposal (composition or arrangement).” Scott Reid, senior…
Suspended trustee Peter Macks. You would think the transfer of a bankrupt estate from one trustee to two others would be straightforward. It’s not like there’s no precedent upon which practitioners and their lawyers can rely. Straightforward however is not a word that could be applied to the brouhaha that’s engulfed Worrells’ Daniel Cvitanovic and Steve Hundy, inheritors of an estate formerly in the hands…
BPS Recovery’s Dave Sampson. Jones Partners’ Michael Jones. 04/08/2021: The creditor who spent big bankrupting pornographer Damien Costas has lodged a complaint with AFSA about Costa’s trustee and wants the regulator to set aside the vote of a creditors meeting that saw Costas’ bankruptcy annulled. Print company executive Anthony Karam, whose TMA Group had a claim against Costas for more than $170,000, filed the complaint…
Daniel Moore – BCR Advisory (Qld). Earlier this month a committee convened to determine what if any penalty should be meted out to bankruptcy trustee Daniel Moore arrived at its verdict and, appropriately, the reasons for that determination have been made public. Whilst the amiable Queenslander has been shackled with a number of restrictions, he hasn’t been stripped of his trustee’s registration. Nor has it…
O’Brien Palmer’s Daniel Frisken. What’s in a name? Well when you’re a registered liquidator authorised to accept formal appointments from directors there’s plenty, particularly when the sole director doing the appointing has four names and there’s a possibility he might be an undischarged bankrupt. The RegLiq in question in this intriguing case is O’Brien Palmer partner Daniel Frisken, who was appointed administrator of builder NPH…
Guest Article by JT Johnson, Frederick Jordan Chambers On 12 May, 2021 iNO reported in “AFSA’s “Ignorant Bureaucracy” Excoriated” comments made in Woodgate in his capacity as Deed Administrator of Onezone Pty Limited (subject to Deed of Company Arrangement) v Brown [2021] NSWSC 508, a judgment of the NSW Supreme Court. In reviewing the judgement referred to above it appears clear that the relevant judge…
Oneoz liquidator Giles Woodgate. Instructions from a faceless Australian Financial Security Authority (AFSA) staffer to a creditor who had been lawfully assigned a money judgement were “borne of ignorance” a Sydney judge has said. In Woodgate in his capacity as Deed Administrator of Oneoz Pty Ltd (subject to a deed of company arrangement) v Brown [2021] NSWSC 508 NSW Supreme Court judge Peter Garling was…
Retiring – dVT Group founder Antony De Vries dVT Group’s Antony De Vries is preparing to bow out after a long career as one of western Sydney’s bigger insolvency wheels but any expectation of a tranquil retirement will likely be disappointed in the short term at least. In their capacity as the liquidators of the failed tax scam Timbercorp, KordaMentha partners by Craig Shepard and…