Liquidators

Conflict declaration bid fails

BRI Ferrier’s John Keenan. BRI Ferrier’s Peter Krejci. BRI Ferrier duo Peter Krejci and Jonathon Keenan are becoming accustomed to complaints of conflict as they investigate – with funding from the ATO – the affairs of various corporate groups that share among other things an aversion to paying the ATO. “At the hearing, the applicants accepted that there is no actual conflict of interest but…


Olvera’s Gupta and Adgemis gigs under scrutiny

Olvera Advisors’ Damien Hodgkinson. Damien Hodgkinson has been in the thick of it in recent times and on Monday it showed, with the Olvera Advisors founder resisting subpoenas in the morning before submitting to a grilling in the afternoon. This is the result when an insolvency practitioner gets too close to overstretched corner cutters. Proximity becomes opportunity, which other practitioners will then exploit. In Hodgkinson’s…


Cross border joint hearing ordered for termination bid

Hamilton Murphy director Cameron Gray. Cameron Gray’s excruciating path towards terminating the winding up of Mawson Infrastructure Group Inc (MIGI) took an exceptional step this morning when the Federal Court of Australia and the Bankruptcy Court in the US state of Delaware declared that they would hear the application jointly. But there’s still some uncertain terrain for the Hamilton Murphy director to negotiate. With an…


When the special purpose is the status quo

Meertens’ James McPherson. Hall Chadwick partner David Trim. Only in South Australia? Harsh perhaps but where an application was made by a creditor for the issue of examination summonses to individuals – some of whom weren’t directors or officers of the relevant company – shortly before the liquidator appointed filed a notice of intention to retire? Well then, the question must be asked. The liquidator’s…



Law firm switch forces further security for costs

Cathro Partners’ Henry Kazar. Switching from Mills Oakley to ERA may have injected fresh impetus into Henry Kazar’s pursuit of funds allegedly diverted by the controllers of Canberra-based labor hire outfit PF1 Solutions Pty Ltd (PF1) but it’s come at a cost, with a court this week ordering Kazar to find $75,000 to stump up for security for costs. The order – made in PF1…


Receivers capitulate on S596A summons

Hall Chadwick’s Richard Albarran. Hall Chadwick’s Brent Kijurina. There you are, doing the right thing by your secured appointor – in this case Greg Woszczalski’s Grow Trade Finance Pty Ltd – when the liquidator who’s supposed to sit there quietly attending to statutory matters hits you with notices to produce and summons for examination. And not just any summons. Summons under S596A. Summons that are…


Ozem’s MVL imperilled after court rejects rejections

KPT Restructuring’s Ozem Kassem. McGrathNicol’s Anthony Connelly. How inconvenient. There was Ozem Kassem, helming Videriva Pty Ltd under the flag of an MVL when alongside comes Anthony Connelly and Kathy Sozou, demanding he take on an unwelcome cargo which, following a hearing in the Federal court this week, will likely force the KPT Restructuring founder to hoist the more commonly flown pennant of an insolvent…


Dead man’s ledger tells no tales

BDO national leader, business restructuring, Duncan Clubb. Three BDO partners have had zero luck gambling on a scantily supported claim, with the Federal Court dismissing their application for recovery of an alleged inter-company debt and ordering them to pay the defendant’s costs. In Marsden, in the matter of Empire Consortium Group Pty Ltd (in liq) v Nationwide Plant Hire Pty Ltd [2026] FCA 911 Justice…


Tahmoor liquidators fail to disclaim Glencore royalty

McGrathNicol partner Shaun Fraser. It would have topped off a very successful winding up if Shaun Fraser and Jonathan Henry could’ve binned an inconveniently airtight royalty agreement attaching to the operations of the Tahmoor Coal mine. But it wasn’t to be. Last Friday a judge of the NSW Supreme Court refused the Tahmoor Coal Pty Ltd (Tahmoor) liquidators’ application for a declaration that they would…