Conduct

AFP arrests uncover a most helpful director

The AFP arrests this week in respect of yet another Plutus Payroll-style tax evasion scheme prompted iNO to consider, not for the first time, what aspects if any of these recurring scams are facilitated by complicit insolvency practitioners, a negligent regulator or a combination of both. Looking at the names of those arrested, it wasn’t long before our investigations led us instead to a particular…


Octaviar Liquidators referred to committee

Octaviar liquidator Kate Barnet. Octaviar liquidator Bill Fletcher. Octaviar liquidators Kate Barnett and Bill Fletcher have been referred to a disciplinary committee under section two of the Insolvency Practice Schedule by the Australian Securities and Investments Commission (ASIC). Following the issuing of a show cause notice, the corporate regulator published notice of the referral to a schedule two committee last week. Barnett declined to comment…


Judgment increases chance of pursuit of VA, receiver

Hamilton Murphy’s Stephen Dixon. Worrells’ Ivan Glavas. The likelihood that Hamilton Murphy’s Steve Dixon and Worrells’ Ivan Glavas could come in for some unwelcome attention has edged a little closer to reality following the latest decision of Justice Kevin Lyons of the Supreme Court of Victoria in the unfolding saga that is El-Saafin & Anor v Franek & Ors (No 4) [2020] VSC 389. Dixon…


Struck off liquidator facing criminal charges

Amanda Young. Struck off liquidator Amanda Young could be gaoled for up to 10 years following the commencement of criminal proceedings relating to almost $240,000 the 40 year old accountant is alleged to have misappropriated whilst working at mid-tier insolvency firm Jirsch Sutherland. Young was issued a summons in respect of the alleged criminal offences in April this year and the matter came before a…


Court terminates DoCA but resists 439A critique

Balance Insolvency principal Tim Cook. Criticisms of a 439A report produced by Balance Insolvency’s Tim Cook have been revealed in a judgment delivered this morning by Justice Ashley Black in the NSW Supreme Court. Cook’s report was issued on April 9, 2019 following his appointment as voluntary administrator (VA) of Citadel Financial Corporation. Citadel sought Cook’s consent to act after it lost a case in…


Ex-Jirsch partner tricked brother into signing cheques

Amanda Young. Former Jirsch Sutherland partner Amanda Young allegedly tricked her brother into signing cheques drawn on a liquidation account then deposited the funds into three of her personal credit card accounts, a disciplinary committee has found. Young allegedly deceived her older brother, Jirsch Sutherland partner Sule Arnautovic, by presenting him with multiple cheques to sign in his capacity as liquidator of the St Gregory’s…


FOGO liquidator experiencing FOBBO

Chifley Advisory’s Gavin Moss Chifley Advisory’s Gavin Moss is grappling with a bout of FOBBO (Fear of being booted out) after his appointor commenced proceedings to have him removed. Moss and former Chifley colleague Henry Kwok (now at Pathway Insolvency and Advisory) were appointed voluntary administrators (VAs) of FOGO Brazilia Franchise Holdings (FBFH) in early 2018 by director and Rebel Sports co-founder Ian Dresner. The…


KPMG partner’s insistence “disappointing”: QNI Judge

KPMG’s Peter Gothard. Whilst the real pain of Wednesday’s judgment in Parbery & Ors v QNI Metals Pty Ltd & Ors [2020] QSC 143 will be felt by QNI’s general purpose liquidators (GPL) FTI Holdings, Queensland Supreme Court judge Debra Mullins didn’t pull any punches when it came to a couple of elements of the testimony of KPMG partner Peter Gothard. Gothard had been brought…


Cor Cordis boss to pay Last Lap costs personally

Cor Cordis Melbourne partner Bruno Secatore. The 28 plus year long liquidation of Last Lap Pty Ltd makes one wonder just how many insolvency practitioners will get to take a lap around this seemingly eternal liquidation, but for the moment we’ll focus on the incumbent, Bruno Secatore. Last week the Federal Court handed down its decision in Secatore, in the matter of Last Lap Pty…


ARITA subpoenaed as Cor Cordis duo biff with insurer

Cor Cordis NSW partner Ozem Kassem. Image courtesy Cor Cordis. It’s probably not every day the chief professional body for registered liquidators and bankruptcy trustees cops a subpoena but it happened recently in regard to former member and Cor Cordis partner Ozem Kassem. Kassem was expelled from Australian Restructuring Insolvency and Turnaround Association (ARITA) in April 2018 for refusing to engage an independent assessor to…