Liquidators

Plutus liquidators’ suppression bid unravels

Deloitte’s Sal Algeri. Deloitte’s Tim Norman. “At the moment it seems to me that this application has descended into chaos” the judge said, and at that point the inexpertly tailored bid for suppression orders in the matter of Plutus Payroll came apart like a cheap suit. It was yesterday morning in the court of Justice Ashley Black, and an application was being brought by lawyers…


Liquidator to examine referrer

Morton + Lee Insolvency’s Gavin Morton. There must always be a little more spice attaching to a public examination for both liquidator and examinee when the latter was the former’s referrer. A little more relish too perhaps. Following receipt of the summons to appear the referrer may well have thought: ‘Well don’t expect any more work from us old bean’, or words to that effect….


Compliance boffins discover unregulated microcosm

ASIC chairman Joe Longo. One should never under-estimate ASIC for making much of little, particularly in regards to the imposition of compliance where experienced professionals were previously free to call the shots without reference to rules conceived by inexperienced bureaucrats. So it was that iNO could not but be amused when browsing ASIC’s latest manifesto of intent to see that among the various new ideas…


Another 11th hour VA fails to derail winding up

Worrells Con Kokkinos. iNO would not presume to speculate on whether it’s poor judgment, an entrepreneurial appetite for risk or sheer desperation that compels registered liquidators to sometimes accept appointments as voluntary administrators (VA) in situations where it would seem, even to your correspondent’s lay understanding, that only a liquidator will do. Such thoughts occurred however as iNO considered the very recent winding up of…


Liquidator gets his indemnity costs 2nd time around

Rodgers Reidy director Geoff Reidy. Geoff Reidy must’ve near drowned earlier this month, engulfed by a wave of satisfaction after winning an order for indemnity costs against a disgruntled director who’d sought to portray the Rodgers Reidy principal in terms not entirely favourable. The smear attempt failed of course, crashing impotently against the seawall of logic personified by NSW Supreme Court chief justice in equity…


ARITA brands ASIC “hypocritical” over IFM

In the wake of the release last month of ASIC’s latest Cost Recovery Implementation Statement (CRIS) it’s clear that ARITA’s opposition to the liquidator levy has not waned in the face of the COVID 19 pandemic, and having burrowed through the CRIS iNO can but conclude that the hostility’s warranted. “Given the high levels of disclosure which are required of registered liquidators when seeking approval…


Retired, but fight for fees endures

FMIF receiver David Whyte. FTI Consulting’s John Park. Ex-BDO partner David Whyte might have departed the profession for a life after insolvency but retirement doesn’t mean the abandonment of entitlement to fees incurred, as can be seen from Bruce & Anor v LM Investment Management Limited & Ors [2021] QSC 203. In this long running saga Whyte as receiver of LM First Mortgage Investment Fund…


Exads in 2021 – was it rockbottom?

The Sivaa Consulting insolvency statistics compilation for FY to June 30 2021 is out and as can be expected, it was far from an ordinary or provident year for insolvency practitioners, who can only hope that the metrics contained within also represent the very nadir of the profession’s annus horribilis? Of all the numbers crunched and totals arrived at, nothing better illustrates how the measures…



Jirsch pair endure as SPL bid resurrected

Jirsch Sutherland partners Bradd Morelli and Trent Devine are for the second time in two years facing the possibility of being sidelined by a special purpose liquidator (SPL) in respect of the liquidation of developer FW Projects Pty Ltd. The first time creditors took aim at the Jirsch pair, who were appointed general purpose liquidators (GPLs) of FW Projects back in April 2019, an application…