Conflict

KPMG Audit partner in the jaws of dental dilemma

KPMG auditor Adam Twemlow. For a man who may soon find himself the target of yet another class action, KPMG auditor Adam Twemlow displayed a generally unflappable demeanour yesterday during several hours in a Federal Court witness box. The Partner In Charge of KPMG Enterprise, Metro Region in Brisbane was the last examinee for 2023 as part of public examinations brought by dentist investors burned…


Examinations raise questions about All Smiles DIRRI

Deloitte’s Luci Palaghia. Deloitte’s Tim Heenan. When it comes to making disclosures to demonstrate independence, possessing intimate knowledge about a corporation’s affairs can create problems, as would seem to be the case following further revelations about the collapse of the All Smiles dental chain. Acquiring all that knowledge can’t be achieved without a lot of involvement and for those insolvency practitioners registered to take on…


Straw director fooled them all, including himself

Grant Thornton’s John McInerney. Grant Thornton’s Phil Campbell-Wilson. It all started when lawyer Thomas Russell sent an email on July 2, 2019 to then Jirsch Sutherland partner Sule Arnautovic. Russell wanted to set up a time to discuss a potential VA appointment. He told Arnautovic he acted for Florian Heymans, the sole director of two companies operating under the Robust Construction Services Pty Ltd banner….


Receivers gunning for Griffin Coal liquidators

Deloitte partner Sean Holmes. Cor Cordis partner Tom Birch. While it might appear that today’s edition comprises a “Focus on the West” and a spotlight on Deloitte partner Sean Holmes, we can assure iNO readers that it’s a coincidence. Unlike our other yarn involving Holmes’s efforts to wind up a Ponzi scheme based on algorithmic trading of foreign exchange, this old economy tale deals with…


SPLs justified by conflict perception: judge

The latest judgment to surface from the stew of litigation between the Deputy Commissioner of Taxation (DCoT) and those behind gold refiner Pallion Group reveals that a lone liquidator has been adroitly walking the perception-of-conflict tightrope since 2017. “It was not necessary for the Court to form a view that the liquidator is, or will likely be, in a position of conflict. Rather, it was sufficient that an appearance of conflict exists sufficient…


Schedule 2 Committees missing in inaction

Woodgate & Co’s Giles Woodgate. After six months on light duties those individuals called upon to consider the allegations of misconduct that ASIC routinely levels against registered liquidators suddenly have a full in-tray. “The committee must decide within 45 business days after interviewing you whether or not you should be registered as a liquidator: s20-20(3)”. ASIC Regulatory Guide 258. Last week Sydney liquidator Giles Woodgate’s…


Hall Chadwick VAs repel KordaMentha challenge

Hall Chadwick’s Richard Lawrence. KordaMentha’s Richard Tucker. It might be thought wise to never let someone who’s after your job address those who’ve assembled to decide your fate, but Richard Lawrence risked it yesterday when he temporarily vacated the chairman’s seat at the first meeting of creditors of Balmaine Gold Pty Ltd. The partner from the Hall Chadwick Melbourne practice made the decision some two…


Unresponsive liq to pay indemnity costs personally

Victorian liquidator Peter Goodin. We hear much about first responders but not so much about non responders. We might however hear a bit more after a Victorian liquidator was ordered to personally pay more than $21,000 in indemnity costs after he repeatedly failed to respond to a creditor’s correspondence. Given that the creditor had wanted the meeting to consider a resolution to replace the incumbent…


Liquidator who referred valuer facing replacement bid

O’Brien Palmer’s Liam Bailey. Certain creditors of a North Sydney-based ad agency are apparently so incensed with Liam Bailey that they’ve forced him to convene a meeting next week to consider replacing the O’Brien Palmer partner as liquidator of McCorkell & Associates (McCorkell). While trade media coverage has suggested the creditors have been irked by pre-appointment referral advice Bailey provided to sole McCorkell director Scott…


Veteran liquidator avoids winding up

The puddle of liquidators in West Australia is generally thought to be a few tadpoles short of what’s needed to maintain a population unblighted by the possibility of conflict so it might have been tough to find a local able to act as liquidator of Anthemis Pty Ltd, a private corporate vehicle wholly controlled by registered liquidator and Perth insolvency luminary Garry Trevor. “It was…