VA’s & DoCA’s

KPMG trio turn to fixer to clear them of conflict

Proposed Salt Lake Potash Limited Special Purpose Administrator Dermott McVeigh of Avior Consulting. So you concede your appointment might appear to be less than entirely free of conflict, that regulators and others are scrutinising the circumstances of said appointment and your solution is to apply to a court to appoint a special purpose administrator (SPA), whose job will include clearing you (hopefully) of any conduct…


Ousted VA extracts fees despite demands for costs

Greyhouse Partners’ Ben Verney. Commercial judgment appears to have won out in respect of a dispute over the fees of a former voluntary administrator (VA) who refused to comply with a costs order while his remuneration remained unapproved. The recently resolved stand off involved Greyhouse Partners Ben Verney, who was formerly voluntary administrator (VA) of Icon Construction Australia (NSW) Pty Ltd (ICA NSW), the company’s…


Fee-asco a familiar feature of Modscape saga

Menzies Advisory’s Michael Caspaney. Cor Cordis partner Rachel Burdett. There are so many elements to the Modscape Pty Ltd saga that it’s difficult to know which strand to yank first but in homage to our abyssal tabloid instincts iNO will commence with the most recent, involving a former liquidator of the company whose fees and costs are under review. That review has been brought by…


Deed administrator dirty as liquidator lassoes leave

Grocon Group deed administrator Craig Shepard. Hastie Group liquidator Craig Crosbie. There may well have been terse words, a chilling silence, or even diverse and inclusive profanity when KordaMentha’s Craig Shepard learned last week that Hastie Group liquidator Craig Crosbie had wrangled a decisive grant of leave. Shepherd – in his capacity as deed administrator of the Grocon Group – has been resisting efforts by…


Phoenix taint not to authorities’ taste

Cor Cordis partner Jason Tang. If you’re an administrator wanting the hearing of a winding up application adjourned so you can complete your report and convene a second meeting, Federal Court judge Angus Stewart ain’t your man. His honour, who iNO readers will recall presided over the the Commissioner of Taxation’s (CoT) model throttling of now ex-liquidator David Iannuzzi, pays close attention to the authorities….


KPMG trio’s SPA strategy to dodge conflict minefield

KPMG’s Martin Jones. KPMG partner Hayden White. Mindful of the scrutiny being applied by ARITA and ASIC to three EY WA partners, three WA domiciled restructuring practitioners at KPMG have moved early to quell conflict concerns in respect of their appointments last week as voluntary administrators (VAs) of Salt Lake Potash Limited (SLPL). In making their declaration of relevant relationships, independence and indemnities (DIRRI) KPMG…


Hall Chadwick duo to examine Worrells partner

Worrells’ Christopher Darin. Hall Chadwick’s Richard Albarran. Unexploded munitions, restive tribespeople, a controversial Chinese-Australian-Malaysian businessman, a Solomon Islands High Court-ordered $50 million payout ruling and a government reluctant to pay – what self-respecting insolvency practitioner wouldn’t want a slice of this pie? Certainly neither Worrells Chris Darin or Hall Chadwick’s Richard Albarran and Kathleen Vouris are showing any signs that the flavour – more copra…


VAs and receiver battle over battlefields

Worrells’ Christopher Darin. Hall Chadwick partner Kathleen Vouris. Worrells Chris Darin and Hall Chadwick’s Kathleen Vouris and Richard Albarran are at odds over documents and dealings relating to world war two (WWII) battlefields in the Solomon Islands part-owned by Australian companies Orbis Commodities Pty Limited (Orbis) and Pacific Investment Holding Pty Limited (PIH). “although the adjournment sought is unusually long, I accept that decision-making may…


EY partners may face disciplinary action over Pindan

EY’s Sam Freeman. EY’s Colby O’Brien. Two of EY’s finest are not letting any impending ARITA sanction impede progress of their work as administrators and liquidators of Pindan Group, the West Australia-based construction and property group that availed itself of EY’s reassuringly familiar services in May of this year. Last month in the Supreme Court of West Australia Sam Freeman, Colby O’Brien and Vincent Smith obtained various grants…


DA with related VA fails to adjourn wind up Monday

Vincents director Henry McKenna. Being a deed administrator (DA) of one company whilst voluntary administrator (VA) of a related entity doesn’t have to present insurmountable obstacles in regards to independence, but when it comes to persuading a court why a winding up application of the company in VA should be adjourned, you have to bring your A game. That includes providing compelling reasons why a…