Conduct

Fair Work Ombudsman redefines DoCA limits

Deloitte’s Neil Cussen. Ex-Deloitte Canberra partner Eddie Senatore. Those familiar with the decision of the Federal Court in Fair Work Ombudsman v Foot & Thai Massage Pty Ltd (in liquidation) [2019] FCA 1601 will know that it has some interesting implications for insolvency practitioners in terms of what claims are and are not extinguished by a DoCA, as well providing lurid and engaging details in…


Liquidator Peter Amos subject of RevLiq scrutiny

Subject to a RevLiq: Amos Insolvency’s Peter Amos. Editor’s Note: iNO reported in an earlier version of this story that AAF funds would be recovered via the Industry Funding Levy. ASIC has since advised that this is NOT the case. After reporting last week on the appointment by ASIC of two Reviewing Liquidators (RevLiqs) iNO has learned that one of the unfortunates under review is…


Dixon ousted from Lonestar after AFSA intervention

Hamilton Murphy’s Stephen Dixon. The old independence bugbear never lets up it seems with AFSA recently gnawing on an apparently conflicted limb attached to registered trustee Stephen Dixon. iNO understands it was the view of the personal insolvency regulator that the Hamilton Murphy partner should not have taken an appointment as trustee of the bankrupt estate of Graeme Charles Diamond, 63 of Guanaba in Queensland,…


Reviewing liquidator engagements to test ASIC

Worrells partner Simon Cathro. Brooke Bird’s Robyn Erskine. Apart from ASIC’s April 2019 Corporate Insolvency Update there’s been precious from the regulator in regards to the work of the Reviewing Liquidator’s (RevLiq) Panel, set up at the beginning of the year to give effect to the Insolvency Law Reform Act 2016 (ILRA 2016) reforms. iNO had hoped that would change this week after we sent…


Companies shut by besieged liquidator reinstated

Liquidator David Iannuzzi. The Federal Court has ordered ASIC reinstate companies deregistered by David Nicholas Iannuzzi, the Sydney-based liquidator facing a 10 year ban after the Commissioner of Taxation (CoT) applied in 2017 for a judicial inquiry into his conduct. Justice Angus Stewart made the orders on Monday September 2, 2019, further ordering that KPMG’s Gayle Dickerson and Stephen Vaughan be appointed liquidators of the…


The ASIC investigation that went nowhere … or did it?

John Kukulovski. Andrew Ngo. In the final months of 2015, a most irregular meeting took place between two senior partners of Jirsch Sutherland and a team of ASIC officers. Information obtained by iNO shows that the aim of the November 24, 2015 meeting was to canvass issues relating to a supposed “confession” made by Andrew Ngo, a former Jirsch director who joined Mackay Goodwin in…


Suspect referral came from lawyer with Plutus links

Living in Prague: Clamenz Lawyers’ Daniel Clarke. INO has republished this article because it has been brought to our attention that the previous version contains imputations that Veritas Advisory, and its directors, knowingly accepted an appointment of a company involved in a tax scam.  In fact the Plutus Payroll Australia Pty Ltd appointment was not referred to Veritas Advisory by Mr Clarke or Clamnez Lawyers. …


Embattled IP may be grilled on curious proof of debt

Helm Advisory’s Stephen Hathway. Veritas Advisory principal David Iannuzzi. When it rains it pours the saying goes and it’s certainly bucketing down in the vicinity of David Nicholas Iannuzzi. As reported previously, the embattled insolvency practitioner is awaiting a judge’s ruling on orders which could see his registration as a liquidator cancelled. Those orders – to which Iannuzzi has consented – also allow for the…


Wedding 5 years earlier too soon for ASIC

Many will have seen the 12th ASIC Corporate Insolvency Update land in their email inboxes yesterday but iNO wonders how many clicked on the first case study, which details, without naming names, a curious story about a wedding to illustrate the extent of the precautions ASIC expects liquidators to take when assessing potential threats to their independence. Independence is always a hot topic and this…


Liquidator referred to Schedule 2 Committee

Chan & Naylor’s John Kukulovski. When we divulged last week that Jirsch Sutherland partner Liam Bellamy had defected to rival Chan & Naylor, iNO speculated that Chan & Naylor may have wanted another qualified practitioner to join its one and only Registered Liquidator, Trajan John Kukulovski. iNO thought the poaching raid might’ve been a sign Chan & Naylor was intent on being able accept joint…