Social/Professional

VAs still sweating on Solomon Islands government

Hall Chadwick’sKathleen Vouris. Hall Chadwick’s Richard Albarran. If you think Australian Prime Ministers have a tough time dealing with the Solomon Islands Government (SIG) spare a thought for Kathleen Vouris and Richard Albarran. For almost a year the Hall Chadwick pair have been dangling at the whim of the SIG as that august body contemplates funding a deed of company arrangement (DoCA) for two related…


Waiver defence fails after judge trashes witness

SV Partners’ Fabian Micheletto. SV Partners’ Michael Carrafa. Two bankruptcy trustees have been ordered to pay the costs of a director who successfully argued at appeal that Federal Circuit Court judge Sandy Street denied her procedural fairness when he took over her cross-examination, introduced his own evidence and generally demonstrated what some might apprehend as blatant bias. The successful appeal – detailed in Bhnan v…


Liquidators gain access to HLB partner’s PI policy

HLB Mann Judd managing partner James Henderson. Pearce & Heers’ Mark Pearce. North of the border Pearce & Heers partners Mark Pearce and Michael Dullaway have achieved a significant victory in their tug of war with HLB Mann Judd (SE QLD) over material relating to a business sale transaction HLB Brisbane managing partner James Henderson advised on in late 2018. “The liquidators submitted that there…


Bankrupt ex-liquidator wants trustees neutered

dVT Group co-founder Riad Tayeh iNO Opinion You can imagine it must have been difficult for ex-liquidator Riad Tayeh to resist contributing a few cents worth of hard won wisdom when the Federal Government invited individuals and organisations to suggest improvements to the bankruptcy regime. The doors were flung open for submissions in January 2021, which was only a month before a judge of the…


Hall Chadwick duo preparing Hail Mary fee application

Hall Chadwick’s Richard Albarran. Hall Chadwick’s Richard Lawrence. One thing to be said about Hall Chadwick duo Richard Albarran and Richard Lawrence is that they won’t die wondering. Despite indicators suggesting any attempt to recover their final fees and costs from the controversial Tauro Capital appointment should be categorised as heroic, the pair are pressing ahead. To this end a notice of intention to apply…


EY auditors off the hook as LM receiver settles

LMFMIF receiver David Whyte. Almost a decade after he was appointed to oversee the winding up of the LM First Mortgage Income Fund (LMFMIF), former BDO partner David Whyte has all but brought this salutary tale of greed and leverage to a conclusion after a court approved the entry by Whyte into a settlement with Ernst & Young. The terms of the settlement – the…


Eight month wait for six month ban

Crouch Amirbeaggi co-founder Nick Crouch. Eight months after a disciplinary committee was convened to determine what punishment if any should be meted out to liquidator Nicholas Crouch the committee has spoken, faintly and inaudibly as it turns out. This is no draconian impost. No rack and ruin. Nor is it an example of a decision being reached in 60 days, as the legislation encourages disciplinary…


Retirements and departures but not necessarily costs

RSM Australia’s David Kerr. Former PKF partner Stirling Horne. A couple of veteran liquidators have recently taken the steps necessary to facilitate their retirements and bid farewell to the insolvency game, at least in terms of being authorised to accept formal appointments. In the last month RSM’s David Kerr and PKF’s Stirling Horne have been granted orders by the Federal Court of Australia paving the…


Liquidator and lawyers prompt warning about bluster

Hall Chadwick’s Cameron Shaw. HLB Mann Judd WA principal Kim Wallman. Liquidators and lawyers are no strangers to the try on and regardless of the ratio of success, it’s a practice very much based on the idea that if nothing is ventured, nothing can possibly be gained. Trying it on in respect of claims for insolvent trading might generally be thought to carry no risk…


Liquidator’s ordeal in witness box ends – for now

Worrells partner Jason Bettles. Editor’s Note: On Friday, August 18, 2023 Justice Brigitte Markovic of the Federal Court of Australia dismissed ASIC’s case against liquidator Jason Bettles and ordered the regulator to pay Bettles’ costs. While ASIC landed no killer blow yesterday Worrells partner Jason Bettles could not be said to have exited the Federal Court witness box unburdened by any remaining questions in respect…