SV Partners’ David Stimpson. A recent judgment of Queensland Supreme Court judge David Jackson contains a wealth of insight into issues of relevance to insolvency practitioners, most notably those of solvency or insolvency, validity of appointment, remuneration and last but not least, disruptive humbug. Whilst the judgment represents an exceptional reference for practitioners and their legal advisors alike, some thought must be spared for the…
Liquidator Gavin Moss. Photo: iNO Images A recent decision out of the NSW Supreme Court shows how liquidators using the same lawyer who acts for creditors or the liquidator’s funder can quell conflict concerns. In this case Chifley Advisory principal Gavin Moss had to defend himself from allegations of multiple conflict-related breaches of duty by Ian Dresner, the director of churrasco operator Fogo Brazilia Holdings…
Morton + Lee Insolvency’s Gavin Morton. No practitioner likes being replaced just when the labour of administration looks set to moderate courtesy of a deed proposal but unsecureds can be restive beasts, particularly when they are the ATO. Last month it was the turn of Queensland liquidator Gavin Morton to test the Commonwealth debt collector’s patience in relation to a Deed of Company Arrangement (DoCA)…
Safe Harbour review panel chair Genevieve Sexton. Duff & Phelps-Kroll senior advisor Steve Parbery. The panel charged with reviewing the insolvent trading Safe Harbour provisions has called for a root and branch review of Australia’s insolvency laws, which it said are perceived by many even in the industry as an “an impenetrable quagmire that is scary, complex and unknown.” “Fundamental to such a review is…
Retired dVT Group co-founder Anton de Vries dVT Group partner Riad Tayeh The High Court of Australia has quietly restarted an unwelcome deadline for dVT Group founders Anton de Vries and Riad Tayeh. By refusing the pair’s application for special leave to appeal against a judgment of the Supreme Court of Victoria’s Court of Appeal in the matter of Timbercorp Finance Pty Ltd, the High…
SV Partners Perth Director Malcolm Field. One creditor wanted his proof of debt admitted in full. The liquidator admitted it in part. The rival creditor wanted it rejected completely. What judge wouldn’t invoke the Goldilocks premise? In this case the judicial eminence so moved was the Supreme Court of West Australia’s Master Craig Sanderson. His honour had been called upon to resolve a dispute between…
Duff & Phelps’ Marcus Ayres. Duff & Phelps’ Steve Parbery. As iNO reported last week, Duff & Phelps duo Marcus Ayres and Steve Parbery have had their hands full winding up Queensland coal mine operator ICRA Rolleston Pty Ltd (ICRA). ICRA’s sole director – John Phillip Canavan – suspects the pair of having a conflict with ICRA’ former joint venture partner and his nemesis Rolleston…
Vincents Business Advisory director David Rose. SM Solvency Accountants’ Jarrod Sierocki. As iNO reported last week, our recent investigations indicate that SM Solvency Accountants, having lost key staff in the past few months, was also about to lose Brendan Nixon, the only member of the firm authorised to accept insolvency appointments. Despite multiple requests via mail and voicemail to either confirm or deny neither Nixon…
KordaMentha’s Jen Nettleton. KordaMentha partner Rahul Goyal. How sweet it is when a liquidation actually delivers. When creditors get 100 cents in every dollar owed and there’s fat sufficient to cover every hour billed, no matter how big a percentage of assets total remuneration comprises. And best of all, a court decrees the fees are proportionate. How rare it is too. But not this week…
Banton Group CEO Amanda Banton. KPMG’s Martin Jones. If the Federal Government wanted a recent example of why the litigation funding industry should submit to the regulatory cosh as is envisaged in the Government’s Corporations Amendment (Improving Outcomes for Litigation Funding Participants) Bill 2021 then it might like to look at the latest update for creditors of the Forge Pooled Group (FPG). “The fact that…