Liquidators

Lawyer’s “fat finger” added a zero to ATO payment

Nelson McKinnon’s Steve Agosta. Insolvency Option’s Darren Vardy. Punching the wrong key and submitting an incorrect amount – the dreaded “fat finger” error – rarely attracts attention if the sum is less than intended. When it’s more it’s a different story. When it’s more iNO for one sits up and takes notice, not that iNO was slouching at the back of Federal Court 19B on…


Liquidator wins interest fight with former partner

Steve Kugel of The Insolvency Experts. CRS Warner principal Anthony Warner The agonies attending when a partnership split is endlessly litigated have been on full display in this saga of friendship lost and the latest judgment in the case represents another unwelcome suppository for the liquidator on the losing end. As iNO’s previously reported, liquidators and former friends Steve Kugel and Anthony Warner have been…


It’s a liquidator’s prerogative to change their mind

Liquidator Tony Cant. Liquidator Craig Bolwell. Hopefully there’s no hard feelings after a judge this week rejected an appeal in respect of a lengthy proof of debt dispute involving two Victorian liquidators. “In any event, there is nothing in the evidence to suggest the defendant’s later adjudication was made capriciously, in bad faith or without proper regard to the relevant facts and law.” Associate Justice…


Old Chadwickian off the hook after 17 years

Hall Chadwick’s Richard Albarran. Etienne Lawyers Steven Brown. A judge of the NSW Supreme Court yesterday delivered the coup de grace to long standing allegations of dishonesty and breaches of duty by a lawyers and a liquidator, thus bringing to an end a saga that’s hung over the heads of certain Hall Chadwick Sydney members past and present since 2006. “Mr Salmon is plainly aggrieved…


Liquidators, receivers in tug of war over $20 million

DV Recovery Management’s Daniel O’Brien. Oracle Insolvency Services’ Nick Cooper. With the fate of $20 million in a solicitor’s trust account uncertain and three sets of insolvency practitioners on the clock, who could fault any for contemplating liens? Certainly not iNO, who was roused from inattention during last Monday’s Corporation Lists in the NSW Supreme Court by barrister Ingrid King telling Justice Ashley Black that…


Lawyer sought info from liquidator pre-appointment

Allens partner Phil Blaxill. WLP Restructuring’s Glenn Livingstone. Liquidators receiving letters from a lawyer asking for this or that is no rare thing, but when such a letter specifies information relating to companies to which the liquidator has never been appointed well, that ain’t so common. What is common though is the try on, and the correspondence Glenn Livingstone and Scott Pascoe received on September…


WA liquidator gets all clear on conflict

HLB Mann Judd partner Greg Quinn. West Australian liquidator Greg Quinn has secured the result he wanted following a court application to resolve a clear conflict. The HLB Mann Judd partner is the liquidator of Flexi Staff Pty Ltd (Flexi Staff), as well as the liquidator of its related entity, Texpoint Pty Ltd (Texpoint). “A liquidator has a conflict of duties in exercising any power…


WTW shuts Open Cover insolvent insurance facility

Jill Stewart, Professional & Financial Lines leader – Willis Towers Watson After more than 30 years Willis Towers Watson (WTW) has seemingly concluded that it can no longer make a buck offering insurance to businesses that have been placed in external administration. Earlier this month the global insurance behemoth acted on that conclusion by shutting Open Cover, its popular automatic insurance facility for entities placed…


Phoenixer cops maximum wrist slap allowable

Philip Damien Whiteman. Photo courtesy ABC News. Opinion The authorities responsible for overseeing the conduct of corporations frequently remind the public of the cost of illegal phoenixing. Billions lost every year. Responsibly run businesses damaged through innocent association with unscrupulous recidivists. The undermining of public confidence in free and fair markets. “In 2016, evidence was obtained by the Australian Taxation Office “during an access without…


Straw director fooled them all, including himself

Grant Thornton’s John McInerney. Grant Thornton’s Phil Campbell-Wilson. It all started when lawyer Thomas Russell sent an email on July 2, 2019 to then Jirsch Sutherland partner Sule Arnautovic. Russell wanted to set up a time to discuss a potential VA appointment. He told Arnautovic he acted for Florian Heymans, the sole director of two companies operating under the Robust Construction Services Pty Ltd banner….