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Tue

09

Mar

OPINION PIECE

When I was in business in Inverell, I frequently saw cases where companies collapsed leaving creditors out of pocket, but the liquidator walked away with a big fat cheque.

 In recent months I have been dealing with people in Sydney and Adelaide who have had their lives turned upside down by unscrupulous liquidators and administrators, and that prompted me to seek a Senate inquiry into their practices and the role of ASIC. The Insolvency Practitioners Association said an inquiry wasn't needed, yet shortly after that statement a Sydney liquidator was banned for two years. The inquiry will be conducted by the Economics Committee and just over 60 submissions were received. Submission 61 from Armidale Dumaresq Council is a prime example of how the actions of liquidators and administrators are not properly scrutinised. The YCW Leagues Club at Armidale had called in a Newcastle insolvency practitioner because of the club's financial situation, and things went downhill from there. Media reports allege fees of $916,000 were charged ( the club's debt had only been $540,000), the club's poker machines were sold off, local tradesman and suppliers were not paid, and at least one club employee is still chasing entitlements for $60,000. This happened right under the nose of ASIC, a point made by the Council in its submission. Another submission to the inquiry alleges its administration cost $11 million, yet its deficiency was just $4.5 million. Again according to the document, ASIC reacted all too slowly. It is interesting that I have been told by people within the insolvency and legal professions that this inquiry is overdue to weed out the bad practices and tighten regulations to stop people being ripped off. At the moment it appears too easy, despite claims to the contrary. The submissions can be viewed at http://www.aph.gov.au/Senate/committee/economics_ctte/liquidators_09/submissions.htm

 

Comments 

 
#1 John Adams 2010-12-29 12:00
ASIC has prime responsibilty for the registration, monitoring and discipline of liquidators and administrators.
It must be surmised that ASIC is not devoting sufficient time and resources to the monitoring and investigation of insolvency practitioners, because few cases are brought by ASIC before The Companies Auditors and Liquidators Disciplinary Board, which latter can only determine cases brought before it by ASIC.
ASIC is grossly under-resourced to investigate the number of complaints it receives.It has been inconsistent in deciding against which firms it will act.The powers of The Commonwealth Ombudsman in relation to ASIC are pathetically weak.
 
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