Directors

Freeze Safe Harbour Provisions: ARITA president

ARITA President Scott Atkins. AIIP President Stephen Hathway. ARITA president Scott Atkins wants businesses seeking safe harbour protection to be exempted from compliance with their tax and employee obligations as the COVID-19 pandemic threatens to decimate Australian SMEs. Atkins, who is Head of Risk Advisory at Norton Rose Fullbright, said to prevent mass insolvencies the federal government should freeze laws around insolvent trading and safe…


VA too late to South Pelagic Holdings hungi

DW Advisory’s Paul Weston. Worrells’ Simon Cathro. Paul Weston probably knew when he accepted the appointment as voluntary administrator (VA) of the Kiwi-controlled South Pelagic Holdings Pty Ltd (receivers and managers appointed) that his tenure could be brief. By the time lawyer Michael O’Neill brought the referral to the now ex-Pitcher Partners‘ partner in December 2019, receivers were installed and winding up proceedings underway. Weston…


Crinitis – tough market or tougher tax debt?

Crinitis’ VA Graeme Beattie. Worrells’ Graeme Beattie has been careful in his public statements regarding the collapse of the Crinitis restaurant group. He’s reportedly spoken of difficult trading conditions and the closure of poor performing sites to preserve value.  He’s quoted as referring to the possibility that some portion of the business might be salvaged via sale as a going concern or if not a…


KordaMentha to appeal Arrium decision

Arrium deed administrator Bryan Webster. It’s not too often that directors of an insolvent entity or group have the external administrators fighting tooth and nail to keep them out of court. This would appear to be the case however after Arrium‘s deed administrators flagged their intention to appeal a recent judgment which has paved the way for a public examination of former director Colin Galbraith….


Craig Walton bankrupt after GPLs examine liquidator

Bentleys’ Tracey Knight. Liquidator Jim Downey Craig Walton, a key figure in one of the most controversial corporate restructures of recent times, has declared bankruptcy a week before the commencement of a trial brought by liquidators chasing the 63 year old for a $1.65 million debt. A search of the National Personal Insolvency Index reveals Craig Hall Walton, unemployed of East Melbourne, declared himself bankrupt…


DoCA set aside over “material omission”

AS Advisory’s Andrew Schwarz AS Advisory’s Ben Corbin Victorian practitioners Andrew Schwarz and Ben Conrad are in the middle of an administration that will likely evolve into one of those stories liquidators tell each other about the joys of material omissions, and being caught between difficult directors and obstreperous creditors. The yarn – as told in MCCA Asset Management Ltd v Kamata Homes Pty Ltd…


dVT pair’s appointment confirmed at last

dVT’s David Solomons. dVT’s Antony Resnick. To say it’s been a while would be to criminally underestimate the time it’s taken for dVT’s Dave Solomons and Antony Resnick to be confirmed in their appointment as administrators of the Carzapp (CZA) group of companies. The pair were appointed in August 2017 but by April 2018 a shareholder who was also one of the three directors of CZA had…


Intelara imbroglio reinforces rule: know thy referrer

FTI Consulting’s Joanne Dunn. FTI Consulting’s Joanne Dunn may well be ruing the day she agreed to an appointment as liquidator of engineering firm Intelara. Prior to her appointment in December 2015 pre-insolvency advisors had persuaded the Intelara directors to undertake what courts say was described to the directors as a “legal phoenix”. The subsequent involvement of the FEG Recovery Unit – which had Palisade…


“Dirty expert” cloud has Silvia lining for BRI partner

BRI Ferrier’s Brian Silvia. BRI Ferrier’s Brian Silvia had a win in the Supreme Court of Victoria earlier this month when a judged rejected claims that he was a “dirty expert” and that a report he authored for one side in a dispute among members of Melbourne’s wealthy Auswild family should be ruled inadmissible. In mid-2013 Silvia had been engaged by several members of the…


ASIC extracts guilty pleas from pre-insolvency advisers

The corporate cop has secured a much needed win after two pre-insolvency advisers pleaded guilty to money laundering. In a statement yesterday ASIC said that Stephen O’Neill of Port Melbourne, Victoria and John Narramore, of Main Beach Queensland had both pleaded guilty in the Brisbane District Court to one charge of dealing in the proceeds of crime. The hapless client who engaged them – Cap…