Discipline

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…


ATO wind-ups near record in September

ATO wind-ups near record in September

THE tax person’s new-found enthusiasm for pursuing inveterate non-payers continues to impress. Figures obtained from Insolvency Notices reveal that the Australian Taxation Office (ATO) initiated 568 wind-up applications during September, strengthening expectations that this year’s sharp lift in legal action to force companies to liquidate or comply, will endure. September’s number was second only to the record 582 wind-ups filed by the ATO in May…


barristers arriving at NSW supreme court to battle over a liquidation

Bruce Dennis guilty of professional misconduct

SYDNEY’S insolvency profession may be interested to learn that ex-solicitor Bruce Vernon Dennis  – who has acted for many liquidators and trustees in the past – has been found guilty of professional misconduct by the Council of the Law Society of NSW. In a 34 page judgement handed down today, the Council detailed a litany of breaches of statutory obligations by Dennis, whom the Council refers to as “the…