Discipline

Struck-off liquidator appeals registration

It’s no surprise that terms such as: “beggared belief” appear amongst the findings of the executioner of auditors and liquidators, which has published its reasons for cancelling the registration of Randall Clinton Joubert more than two months after imposing sentence. A sole practitioner based in Elizabeth Street, Sydney, Joubert was hauled before the Companies Auditors and Liquidators Disciplinary Board (CALDB) in July 2015. The hearing…


Trustee barred from using conflicted lawyer

It’s not often that a judge tells a bankruptcy trustee to hire a different lawyer. However in the case of Leroy versus Mogilevsky, Hall Chadwick partner Paul Leroy has suffered just such a fate. Last week Federal Circuit Judge Michael Jarrett ordered that Leroy be restrained from retaining Gold Coast lawyer Jeremy Worcester of Worcester & Co as his legal representation in the matter. The…


liquidator fails to measure up

Judge clouts Dinoris over duties

The Federal Court has ruled that Vincents partner Peter Dinoris failed in his duties by not contacting the director who appointed him voluntary liquidator of her company, despite the director transferring $236,500 from the company’s bank account just days prior to his appointment. In a judgment handed down last week, Federal Court Judge John Reeves found that “Mr Dinoris contravened s 180(1) of the Corporations Act by failing…


BRI Ferrier replaced after appointment imbroglio

Geoff Grainger and Brian Silvia are licking their wounds after fumbling an appointment that’s seen the BRI Ferrier pair ditched in favour of Sule Arnautovic and Andrew Spring from Jirsch Sutherland. The awkward detail is contained in the judgement of Federal Court Justice Jayne Jagot, who heard an application from Grainger and Silvia seeking an order to validate their appointment as voluntary administrators of A.C.N….


KPMG Brisbane partner expelled from ARITA

THE CVs of KPMG Brisbane’s two most senior insolvency professionals are sporting bruises after the Australian Restructuring Insolvency and Turnaround Association (ARITA) announced this week that it had terminated their membership. In a short statement ARITA said that Ian Hall and Chris Giddens have been expelled and their names expunged from the ARITA Register for their refusal to comply with penalties applied as a result…


Why ASIC’s gunning for Victorian liquidator

ASIC’s pursuit of a Federal Court inquiry into Ross McDermott is focussed on determining whether the Victorian insolvency practitioner (IP) faithfully fulfilled his obligations in terms of his duties and entitlements across 26 companies. However apart from listing the 26 companies across four schedules ASIC’s originating process doesn’t give much away. The inquiry sought falls under under Sections 536 and 477 of the Corporations Act…


KPMG pair clinging to fees despite ARITA ruling

KPMG’s Ian Hall and Chris Giddens have for months been resisting calls from the insolvency practitioners’ representative body to resign as liquidators of Engineered Surface Preparation Pty Ltd and repay fees earned on the appointment. The dispute between the Australian Restructuring Insolvency and Turnaround Association (ARITA) and two of its members came to light today when ARITA published details of a Professional Conduct Committee review that…


asic launches legal action against liquidators

ASIC benches Sydney liquidator

AFTER months of speculation the regulator has moved to shut down an inappropriately cosy referral relationship between Sydney liquidator Adam Farnsworth and Drummoyne-based accountant Frank Bruzzano. In a statement released today the Australian Securities and Investments Commission (ASIC) said it had extracted an enforceable undertaking from Adam Edward Patrick Farnsworth which suspends his liquidator’s registration for six months. Given Farnsworth has not accepted an appointment since…


Arrest Warrants Voided As Accountants Appear

APPARENTLY they never knew. About the summonses to attend for public examinations, about the orders to produce documents or about the warrants for their arrest, issued after the summonses expired uncomplied with. Accountants Bill Gertos, Constantine Savell and Therese Alha. No idea. The Federal Court heard as much last Friday in room 19c around 3.00pm. Registrar Chaun Ng warned the three that they must appear…


Labor Senator Doug Cameron

Tidbits from the transcripts – Cameron slams liquidators at construction inquiry

IT is SiN’s opinion that the term ‘farcical’ might just creep into the general discourse around a senate inquiry when much of a session is dominated by the inquiry’s architect busting attendee’s testicles. The session in question took place when the Senate Economics References Committee’s Inquiry into Insolvency in the Construction Industry rolled into Sydney. Leftwing Senator and unionist Doug Cameron, who is driving the…