Social/Professional

ATO among creditors objecting to ex-liquidators’ fees

Hall Chadwick’s Richard Lawrence. Hall Chadwick’s Richard Albarran. As iNO reported back in July, Hall Chadwick partners Richard Albarran and Richard Lawrence are determined to be paid for the work they did on the tempestuous Tauro Capital administration before creditors replaced them in October 2020. At the time iNO speculated that some creditors at least might be just as determined to deny them. We can…


Corporate Insolvency Inquiry – what about bankruptcy?

With the government last month announcing that the Parliamentary Joint Committee on Corporations and Financial Services would begin an inquiry into corporate insolvency in Australia, iNO sought the views of stakeholders and interested experts on the Inquiry’s Terms of Reference. “At a higher level of policy, I think the inquiry is an opportunity to revisit some fundamental questions about if, why and how we expect…


SV licensee decides time is right

Insolvency Options principal Darren Vardy. One benefit visited upon insolvency practitioners by the measures imposed to contain COVID 19 was time. The financial support and moratoriums on insolvent trading that gave directors breathing space to consider options inevitably gave under-employed insolvency practitioners the same time to ponder their own businesses, prospects and futures. Registered liquidator Darren Vardy, who operated as a licensee under the SV…


WA creditors back Pitchers pair to replace PKF duo

PKF partner Glenn Franklin. Pitcher Partners’ Bryan Hughes. The Darwinian contest for appointments, prestige and WIP continues unabated and in the case of ASX-listed Colortv Ltd, PKF Victoria partners Glenn Franklin and Jason Stone may well be rueing the loss of a plum. The pair were appointed administrators of the MySpace spin-off on August 31 after receiving a call from Melbourne-domiciled referrer Tumblugum Investments Pty…


Judge rejects surplus solution as “cop out”

Smith Hancock’sPeter Hillig. Smith Hancock’s Mike Smith. Receivers wondering about the best course to take in dealing with a surplus might, depending on their circumstances, take note of the recent experience of Smith Hancock’s Peter Hillig and Mike Smith. The pair were appointed receivers and managers of the J & Lee Property Group Trust by court order in August 2017, some seven months after the…


Receivers’ prospective remuneration bid refused

KPMG’s Tim Michael. KPMG partner John Lindholm. A recent judgment of the Federal Court of Australia underscores the Himalayan hurdles facing insolvency practitioners who seek the court’s approval for payment of remuneration yet to be earned from assets held on trust. The protagonists in this matter are Tim Michael and John Lindholm, two of the plethora of “Special Advisors” swelling KPMG’s senior ranks since it…


Lawfirm in trustees’ sights over suspect settlement

SV Partners’ Fabian Micheletto. SV Partners’ Michael Carrafa. It’s one thing to allege that creditors of a bankrupt knowingly participated in a fraudulent settlement to deny others a share of the assets. It’s another thing to allege that the participants’ lawyers were in on it. That however is where things stand as SV Partners’ Michael Carrafa and Fabian Micheletto pursue claims for damages and equitable…


Defending DoCA’s doesn’t extinguish costs indemnity

Oracle Insolvency’s Dominic Cantone. Oracle Insolvency’s Nick Cooper. There will be expressions of wrath, gnashing of teeth and beheading of slaves in the corridors of insurers this week after a judge ruled that two liquidators ordered to personally pay cost orders without recourse should be covered by their professional indemnity policies. “On 22 December 2020, CGU formally declined to indemnify Messrs Cantone and Cooper.” Justice…


Sierocki winds up company with $1.3 million in debts

SM Services (QLD) director Jarrod Sierocki. Liquidator David Levi. SM Solvency Accountants director Jarrod Sierocki has appointed Sydney insolvency practitioner David Levi as liquidator of related entity SM Services (QLD) Pty Ltd, with Levi’s initial report to creditors disclosing debts of more than $1.3 million. According to ASIC records SM Services (QLD), which is now known as ACN 630 295 091 Pty Ltd, was placed…


Professional associations axe transgressors

Suspended trustee Peter Macks. Amos Insolvency’s Peter Amos. When a professional transgresses and regulators impose the requisite penalties it sometimes signals not so much an end to the matter as a green light for the commencement of a secondary round of censure. In this day and age professional associations have their own disciplinary procedures independent of conduct’s primary arbiters. When a member is sanctioned by…