Liquidators

Liquidators' levy halved

ASIC halves liquidators’ fixed levy

The recently scaled-back commissar of liquidator oversight has contacted his charges to advise of a scaled back proposal for the impending liquidators’ levy. In an email sent to all registered liquidators yesterday afternoon, ASIC senior executive leader Adrian Brown said that the annual fee they are to pay ASIC to regulate them will be $2500 instead of $5000 under a revised industry funding model. “Following the…


ATO funding to pursue voidable transaction uncertain

ATO vacillating on funding valuable voidable

The minutes of a recent meeting of creditors of Project 1876 Pty Ltd reveal that the Australian Tax Office (ATO) remains undecided on the question of whether it should fund liquidators Ozem Kassem and Jason Tang to go after a $12.2 million voidable payment made to the owners of the Dyldam construction group. Kassem and Tang were appointed voluntary administrators by Project 1876’s director Maria Fayad on July 1, 2013…


From deed administrator to liquidator: a tough transition?

Deed administrator to liquidator – a transition

When a deed administrator has no more hair to tear then he or she must assess the options – assuming there are any – and act. In the case of still hirsute Helm Advisory principal Stephen Hathway, that has meant embarking on an arduous path through the courts in search of an order that will, if obtained, see his role as administrator of the Plaza West…


Forge Group receivers seek chapter 15 declaration

Forge Group’s Chapter 15 petition dismissed

UPDATED: Friday, March 17 4:15pm – Forge Group’s petition for Chapter 15 relief and a declaration of the Forge Group administration as a foreign main proceeding has been dismissed by the Northern District bankruptcy court in San Francisco. The receivers of Forge Group are confident of resisting the latest legal assault by APR Energy after the Florida-based group advised it had lodged an application in the High Court…


Failed partnership triggers claim and counter claim

Liquidators sue each other over failed partnership

A dispute over dollars is shedding light not only on the kinds of partnership arrangements liquidators are inclined to enter into when working together but also on the amount of coin mid-tier practitioners pocket. The protagonists are dVT’s Antony Resnick and Chifley Advisory’s Gavin Moss who are disputing entitlement to monies following the collapse of relations and the termination of a Memorandum of Understanding (MOU) the…


Argentice creditors relentless on Ridley

Argentine creditor prepares to uncork ILRA

Not content with a judge declining its application to replace Brendan Copeland and Robert Whitton as liquidators of Ridley Capital Holdings (RCH), Argentine architect and major creditor Corbis Global is preparing a fresh assault on the William Buck incumbency. SiN’s sources in Buenos Aires – not to be confused with our man in Cordoba – have recently delivered fresh missives, smuggled down under in a case of…


The Hooters House

Judge halves fees on Hooters’ house sale

Sydney liquidator Adam Preiner has had a claim for $124,065.70 in remuneration claim halved, with a judge this week ruling that the Helm Advisory director’s right to take his fees and expenses from the assets of corporate trustee Minmxt Holding was not superior to the rights of caveators, whose cooperation Preiner had been forced to secure before he could sell the trust’s only asset. Preiner took…


Government funding for PPB

PPB snares another government gig as an SPL

If there’s a government – be it local, state of federal – exposed to an insolvency then PPB Advisory is seemingly always at hand. Think Lehman Brothers and all those local councils. Think Queensland Nickel and the Commonwealth Government’s FEG debt that FTI Consulting couldn’t be left to recover. Or even Arrium in South Australia, where PPB co-founder and pollie whisperer Steve Parbery is oft to…


FEG fee offensive

Liquidators react to FEG fee offensive

The insolvency grapevine – always well fertilised – is blossoming as the Department of Employment’s FEG Recovery Unit progresses its offensive against liquidators whom it regards as having inappropriately levied general liquidation expenses against circulating asset realisations. ARITA chief John Winter yesterday confirmed that many of the organisation’s members had voiced concerns about the FEG fee offensive and the approach taken by FEG recovery czar and chief…


Bruck litigation commences.

Bruck Writs served – challenge under Section 596AB

It’s been a while coming but lawyers for the liquidators of Bruck Textile Technologies (BTT) (In Liquidation) have served the company’s two most senior officers and its owner and chairman with a multi-million dollar compensation claim in which they allege the defendants breached their directors duties, engineered uncommercial transactions and contravened the Corporations Act’s section 265D as it applies to capital reductions. BTT’s chairman and owner,…