FEG

The perils of joint & severalism

Ex-liquidator David Iannuzzi. It makes sense to know who your friends are, not least because then you’ll then know that those of them closest must be the enemies. But for one Sydney liquidator, not knowing what his colleague was capable of has come back to bite, hard. Last month the Commonwealth of Australia via the Department of Employment and Workplace Relations (DEWR) filed a Statement…


FEG commences delayed action against ex receivers

Jirsch Sutherland’s Malcolm Howell. RRI Advisory’s Liam Bellamy. It’s been some time coming – perhaps the elevation of Labor to federal eminence got in the way – but down under’s most intimidating creditor has resumed flexing its litagatorial muscle, in this case in respect of fees the now ex-receivers of Castel Electronics Pty Ltd paid themselves and the divvy they fed the secured. iNO first…


Receivers receiving please retire letter

SV Partners’ Darren Vardy. Hall Chadwick’s Richard Albarran. Earlier this month the chief judge in equity of the NSW Supreme Court made an order appointing the liquidator of Epic Mining as receiver and then stayed the order’s effect for 14 days. On Monday this week that stay expired and iNO confidently expects that Epic’s incumbent receivers & managers (R&Ms) will shortly receive – if they’re…


Low sets sights high as Pitchers WA chief gets grilled

Sheridan’s Chartered Accountants principal Jennifer Low. Pitcher Partners’ Bryan Hughes. Torrid times in the West last week as the managing partner of Pitcher Partners WA was grilled in a Supreme Court witness box at the behest of a rival liquidator. The occasion was the public examination of directors and others linked to the 2018 failure of Titan Interactive Pty Ltd, which in recent times has…


Liquidator facing examination over insolvent trading

Pitcher Partners’ Bryan Hughes. Sheridan’s Chartered Accountants principal Jennifer Low. It’s never a good look when a registered liquidator and senior partner of a national insolvency firm is summonsed to appear for public examination. When the examinee’s brother is involved in the brouhaha and there’s a glimmer of insolvent trading, well, it’s a sight to make eyes sore. “The (Titan) Board are satisfied they acted…


FEG gunning for receivers’ fees and secured’s divvie

FEG Active Creditor Recovery Unit Director Henry Carr. There may be much for circulating asset aficionados to ponder in the event that the Commonwealth – through its FEG Recovery Division – commences proceedings against the former receivers of Castel Electronics Pty Ltd. iNO says if because at this point all the Commonwealth has done is obtain orders ensuring that the company cannot be deregistered by…


Spitfire decision adds to certainty around priority

Olvera Advisors’ Kate Barnet. Olvera Advisors’ Damien Hodgkinson. There would have been some fist pumping – as an expression of triumph of course – in the Barton Circuit offices of the FEG Recovery Unit last week after a judge ruled that the Commonwealth, subrogated to the rights of employees of a company in liquidation, took priority ahead of a secured creditor in respect of competing…


Govt-funded liquidator one step closer to removal

Liquidator Moira Carter. Federal Court judge Scott Goodman has rejected arguments seeking to block an amendment to an originating process that calls for the removal of the liquidator of Australian Vocational Learning Institute Pty Ltd (AVLI). As told in LFI Ventures Pty Ltd v Carter, in the matter of Australian Vocational Learning Institute Pty Ltd (in liq) [2021] FCA 1555, the arguments against inclusion of…


Joint & several curse haunts liquidator in the box

BCR Advisory’s John Morgan. Sydney liquidator John Morgan copped the treatment in the Federal Court witness box yesterday as a three day hearing kicked off to determine if a company he de-registered more than three years ago should be reinstated. If Morgan’s application succeeds and the BCR Advisory principal is also rewarded with the pooling order he seeks then FEG Recoveries will bankroll the commencement…


Liquidators lashed after staff lose redundancy

Joe Hayes of Wexted Advisers. Wexted Advisors Andrew McCabe. Liquidators Joe Hayes and Andrew McCabe have copped a bollicking from Administrative Appeals Tribunal (AAT) senior member Chris Puplick for what might qualify as the sin of disinterest. As is revealed in the recent decision of Tjoputra and Secretary, Attorney-General’s Department [2021] AATA 1596 the Wexted Advisors pair didn’t inform two employees of Object Consulting Pty…