Regulation/Legislation

Cor Cordis pair overlooked as ATO intervenes

We can’t be certain at this early stage of our Sinvestigation but the recent move by the Deputy Commissioner of Taxation (DCoT) on the incumbent liquidators of Italian Prestige Jewellery bears a passing resemblance to the DCoT’s GST-avoidance case against ABC Refinery. Orders handed down by Justice Brigitte Markovic yesterday in the Federal Court reveal that the DCoT has applied to have “proposed additional liquidators”…


Amerind – who’s distributed erroneously?

Well the champagne corks would’ve been popping down in the Canberra offices of FEG Recovery Czar Henry Carr this week – metaphorically of course – after the decision of the Victorian Supreme Court’s Court of Appeal in Commonwealth v Byrnes and Hewitt [2018] VSCA 41 (28 February 2018), more commonly known as Amerind. As was succinctly articulated by Melbourne barrister Carrie Rome-Sievers, the decision puts…


Cor Cordis partner first referral under new law

Cor Cordis Melbourne partner Dennis Turner received an unwanted Christmas missive last year when ASIC served the Melbourne-based liquidator and bankruptcy trustee with a Schedule 2 disciplinary referral on December 20. The Form 986, while largely devoid of detail, cites as the alleged misconduct: “Actual or perceived conflict of interest or duty” and “Failure to disclose giving rise to actual or perceived conflict of interest or duty”….


Thomson first trustee to be referred under new rules

Veritas Advisory might find itself in need of a replacement trustee now that the first AFSA disciplinary committee convened under the new Insolvency Practice rules prepares to determine whether incumbent Louise Thomson should incur any penalty. According to the AFSA website, Thomson was referred under Part 2 of Schedule 2 to the Bankruptcy Act (the Act) after the Inspector-General formed the belief that: “Thomson has failed…


COI conflict creates world of pain for PwC partner

Hell hath no fury like a Committee of Inspection (COI) convinced it’s been kept in the dark – just ask Derrick Vickers. PwC’s national head of corporate finance and restructuring was appointed voluntary administrator (VA) of Queensland-based Ostwald Bros Pty Ltd and two other Ostwald group entities back on August 28, 2017, just two days before the commencement of tranche 2 of the Insolvency Law Reform Act (2017). Now…


Confidential ATO data shows phoenixing on the rise

More than 20 per cent of liquidations could involve illegal phoenix activity according to confidential Australian Tax Office (ATO) data divulged this week by Minister for Financial Services Kelly O’Dwyer, who also laid bare the inadequacy of efforts to curb the practice and eradicate complicit liquidators during a speech to Parliament on Wednesday. The Member for Higgins addressed the House of Representatives on the underlying purpose of the…


SiN 2017 – the Year in Review

The year is done, Christmas is come and for SiN it is time to replenish the reservoir of curiosity ahead of what promises to be a fascinating 2018. From next year the Insolvency Law Reform Act (ILRA) will be in full swing. Insolvency practitioners will face a world where creditors will have expanded powers. Appointees will need to get used to being replaced. Courts too…


Same referrers tar liquidators marked for termination

One of the most interesting aspects of chronicling the insolvency profession’s triumphs and tribulations involves the frequent observance of coincidence. The regulated population of registered liquidators might seem small, but not necessarily in the context of the amount of work available, which is a question that brings us to consideration of the sources of appointments. In the latest occurrence of coincidence, two liquidators facing efforts…


Chaff flies at Senate rural lending inquisition

The transcripts of the latest session of the Senate inquiry into Lending to Primary Production Customers contain some illuminating insights into perceptions of the insolvency profession. Put simply, a few unfortunate examples of a less than ideal outcome – say a rural property being sold by receivers at a price unlikely to pop corks – seem to have been taken by the Senate Committee as…


PPB preparing to tread on Deloitte’s Plutus patch

Early next month a series of contested interlocutory applications will be heard that could see PPB Advisory’s Steve Parbery and Glenn Livingstone surf in on what until now has been Deloitte’s exclusive turf – the web of entities linked to the alleged $130 million Plutus Payroll PAYG fraud. On Monday, the NSW Supreme Court heard that Synep Pty Limited – the company at the head of the…