Litigation

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…


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…



Casting vote may come back to bite

Cor Cordis Perth partner Tom Birch. While one judge has expressed reservations about the plaintiff’s chances of success in the Mine & Rail Company fracas, when the parties came back to court yesterday the judge docketed to preside might have given the lawyers acting for defendant deed administrators Tom Birch and Barry Wright cause for conniption. The proceedings involve a challenge by unsuccessful deed proponent,…


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…


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…


Jilted proponent sues as VA abandons recommendation

Cor Cordis Perth partner Tom Birch. Recommendations as to DoCA proposals are odd phenomena, seemingly existing only to fulfil the requirements of S439A. Beyond that they’re ephemera, to be disowned the moment creditors reject an administrator’s choice, as events in the saga of Mine & Rail Company Pty Ltd (MRC) usefully illustrate. ” .. counsel for Tacora identified several matters which may provide a basis…


Blackbird borrower wins restraints on receivers, VAs

Hall Chadwick’s Richard Albarran. Why would a prominent insolvency practitioner with an eye for value threaten to sell an operational charter vessel for peanuts? That’s one of the questions the operators of Kimberley Pearl Tours Pty Ltd (KPT) posed earlier this year when they went to the Federal Court to challenge various aspects of their arrangements with their lender Blackbird Private Equity Pty Ltd, the…