FEG

Receivers at odds over residual funds

Pitcher Partners’ Bryan Hughes. Auxilium Partners’ Bob Jacobs. Over in West Australia there’s been an interesting development in the stoush between the current and former receivers of Pluton Resources over the status of, and entitlement to, so-called residual funds. In Robert Allan Jacobs as Receiver and Manager of Pluton Resources Ltd (Receiver and Manager Appointed) (In Liq) -v- Hughes [2018] WASC 414 (9 August 2019)…


Pitcher partner repels FEG probe into Apex

Pitcher Partners WA chief Bryan Hughes. Pitcher Partners’ Bryan Hughes has fended off a bid in the West Australian Supreme Court to raise doubts about the adequacy of his investigations as liquidator of Apex Minerals and Apex Gold. Hughes was appointed voluntary administrator (VA) of Apex Minerals and its wholly owned subsidiary Apex Gold in June 2013. The same day Hughes was appointed – June…


Liquidator fought the law and, well you know the rest

Mackay Goodwin principal Domenic Calabretta. Image courtesy Mackay Goodwin. Dominic Calabretta may have ended his obdurate resistance to efforts to replace him as liquidator of Condura Pty Ltd but the terms of the truce negotiated with his nemesis will see a final humiliation imposed upon the Mackay Goodwin founder. While the Federal Court has approved an application by the Commonwealth’s FEG Recovery Unit seeking 40…


Liquidator replaced – conduct to be reviewed

Mackay Goodwin principal Domenic Calabretta. Image courtesy Mackay Goodwin. Domenic Calabretta’s handling of the Condura Pty Ltd MVL and CVL will be reviewed after a court ordered that the Sydney liquidator be replaced by Ferrier Hodgson’s Robyn Duggan. Calabretta was appointed liquidator of Condura via a members voluntary liquidation (MVL) back in December 2017. By August 2018 the MVL had become a creditors voluntary liquidation…


Commonwealth moves to clip liquidator

Mackay Goodwin’s Domenic Calabretta looks to have failed in his efforts to dissuade the FEG police from removing him as liquidator of Condura Pty Ltd. Last week the Federal Court heard the commencement of an application by the Commonwealth seeking to have Ferrier Hodgson’s Robyn Duggan replace Calabretta on the controversial appointment, which began on December 6, 2017 when Calabretta was appointed via a members…


1st Fleet liquidators forced to divulge all

It’s difficult to ignore the potential for ideological friction and perceptions of conflict in the upheaval around  1st Fleet Group. The lengthy exad, that’s seen the  appointees generate $4.443 million in fees as at July 2018, has so far returned $555,575.00 to the Commonwealth, which paid employees $9.444 million through the Fair Entitlements Guarantee Scheme (FEG). Now consider if you will 1st Fleet’s Committee of Inspection…


FTI Consulting’s Dunn refused FEG document requests

More detail has emerged about the possible phoenix transaction that has embroiled FTI Consulting’s Joanne Dunn in an unseemly scrap with the Commonwealth’s FEG Recovery Unit. In Commonwealth of Australia, in the matter of ACN 093 117 232 Pty Ltd (in liquidation) v ACN 093 117 232 Pty Ltd (in liquidation) [2018] FCA 1922 Federal Court Justice Roger Derrington has granted FEG orders for the appointment of a special…


FTI partner supplanted by SPL as FEG claims phoenix

FTI Consulting’s Joanne Dunn has been supplanted by a special purpose liquidator (SPL) after the Commonwealth’s FEG Recovery Unit decided it wanted someone else to investigate possible phoenix transactions involving companies within the Intelara Group (Intelara). Last week in the Federal Court Justice Roger Derrington heard that FEG wanted Perth-based practitioner Jack James appointed SPL of a company known only by its Australian Company Number –…


Liquidator repels FEG replacement bid – for now

Mackay Goodwin’s Domenic Calabretta has fought off a bid to replace him with Ferrier Hodgson partner Robyn Duggan but the Minutes of the September 24, 2018 meeting of creditors of Condura Pty Ltd suggest those backing Duggan aren’t giving up. Condura Pty Ltd appointed Calabretta via a members voluntary liquidation (MVL) on December 6, 2017, one day after the company lodged a declaration of solvency…


$2 million priority dividend not enough to fend off FEG

David Solomon and Riad Tayeh may be preparing to pay a $2 million dividend to a priority creditor of 1st Fleet Pty Ltd (in liquidation) but that hasn’t stopped that same creditor belting the dVT partners with litigation that had its first airing in the courts this week. No details were ventilated when the matter came on for first directions on Wednesday but Minutes of the…