Fees


Low ball partner rate not enough to win Forum gig

McGrathNicol chairman Jason Preston. McGrathNicol partner Jason Ireland. It’s likely to be one of the highest profile appointments of 2021 so it was no surprise that when Westpac approached the Federal Court last week seeking to have provisional liquidators appointed to Forum Finance Pty Limited (Forum), Justice Michael Lee found himself presented with aspiring appointees from two of Australia’s most prominent insolvency firms. Westpac wanted…


Remuneration bid prompts inquiry application

PKF partner Brad Tonks. PKF partner Mark Roufeil. Brad Tonks and Mark Roufeil are getting grief over their decision to defend a set of proceedings whilst appointed receivers of Sahab Holdings, and it’s a species of grief that would not be unfamiliar to insolvency practitioners who’ve had to deal with assets being fought over by families. On Monday Robert Glasson, counsel for the PKF pair…


Court okays administrator’s “truncated liquidation”

McGrathNicol Partner Kathy Sozou. Image McGrathNicol. Wexted Advisors’ Joe Hayes. There cannot be too many insolvency practitioners who first worked on an external administration as a graduate accountant and almost 20 years later are preparing to deregister the same entity as partner. Kathy Sozou can lay claim to imminent inclusion in this elite group. The revelation of the McGrathNicol partner’s trauma unit-to-crematorium involvement in Black…


Judge slams “totally disproportionate” fees

Hamilton Murphy principal Richard Rohrt. Hamilton Murphy’s Stephen Dixon. Hamilton Murphy’s Richard Rohrt and Stephen Dixon have a Ferrari to sell now that they’ve been appointed receivers and managers over the property, assets and undertaking of The Rose Guerin and Partners Trust but getting paid for their labours won’t be straightforward after a judge ripped ’em a newie in respect of their “totally disproportionate” fees….


Beware the expression of opinions in affidavits

Pitcher Partners’ Andrew Yeo. Andrew Yeo has copped some judicial stick for opinions expressed in an affidavit the Pitcher Partners’ rain maker filed in defence of proceedings brought by Norm Carey, founder of the long since collapsed Westpoint Property Group. In a recent judgment WA Supreme Court Master Craig Sanderson said that Yeo should have kept his views on the legitimacy of Carey’s action to…


$45k per month to store HIH records

McGrathNicol’s Jason Preston. McGrathNicol’s Kathy Sozou. McGrathNicol’s Jason Preston is drawing excruciatingly close to concluding the two decades long winding up of the HIH insurance group and as has emerged this week, the end can’t come soon enough with hefty administration costs termiting what funds remain. “We have obtained orders to allow the destruction of the records 90 days after deregistration of the head company…


Fee deal evaporates as judge refuses to terminate

Smith Hancock partner Mike Smith. Smith Hancock partner Rommel Alfonso. A proposal that would’ve seen liquidators Mike Smith and Erwin “Rommel” Alfonso paid $85,275.07 in satisfaction of exisiting and future remuneration claims and costs has been crushed after a judge refused to terminate a winding up despite the applicant’s offer to discharge the company’s debts. As is evident In the matter of Kele Group Holdings…


Extra indemnity as Grocon DoCA vote looms

KordaMentha’s Andrew Knight. KordaMentha’s Craig Shepard. Ahead of the release of their 1500 page report into the failed Grocon Group, KordaMentha partners Craig Shepard, Andrew Knight and Mark Korda updated their Declaration of Independence, Relevant Relationships and Indemnities (DIRRI) to reflect $100,000 in fresh indemnities received. The administrators, who have recommended creditors vote in favour of a deed of company arrangement (DoCA) being proposed by…


Will inquisition end as Carnell calls it quits?

Opinion Incoming Small Business Ombudsman Bruce Billson. Small Business Ombudsman and liquidator’s bane Kate Carnell. Insolvency practitioners can but hope that the persecution will end now that former Federal Minister of Small Business Bruce Billson has been anointed to replace the inquisitorial Kate Carnell as Australian Small Business and Family Enterprise Ombudsman (ASBFEO). Billson did not return calls yesterday to explain how or even if…