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Provisional liquidation is a mechanism available to creditors or members of a company in Australia which is derived from section 472 2 of the Corporations Act 2001 Cth the Act An application to appoint a provisional liquidator can be filed any time after the filing of a winding up application

Introduction to Insolvency and PIAs Welcome to Cathro amp Partners 8217 guide on Personal Insolvency Agreements Before we delve into PIAs let 8217 s understand some key concepts Insolvency occurs when an individual or business can 8217 t meet their debt obligations This guide will clarify terms like 8216 debtor

Bankruptcy is a legal status that can be imposed on an individual who is unable to repay their debts It is a process that provides relief to insolvent debtors by allowing them to seek protection from their creditors and potentially have their debts discharged There are two ways in which

In this episode of The Cut host Simon Cathro Managing Principal of Cathro Partners welcomes listeners to Season 3
We previously talked about Bankruptcy and Personal Insolvency Agreements Depending on the circumstances there are options available under the Bankruptcy Act that are more applicable to you and your individual financial position than you may realise
A Members Voluntary Liquidation MVL is a formal process of winding up the affairs of a solvent company The members of the company via a special resolution decide to wind up the company
In finale episode of The Cut s 2023 season host Simon welcomes two guests Luke Whiffen from Hilton Bradley Lawyers and Terry Watson from Watson Trade Credit
As we head into the festive season we ve taken a moment to reflect on the year that was and capture our thoughts on what 2024 is likely to bring for Australian businesses and the insolvency sector
BizPay Hits Financial Turbulence Enters Receivership with Cathro Partners at the Fore
On 22 September 2023 the Attorney General announced the Australian Government s response to the Final Report of the 2015 statutory review of the Personal Property Securities Act 2009 the Whittaker Review
Major Buy Now Pay Later Firm Openpay Faces Liquidation After Financial Collapse
Building on our previous insights shared by John Laird Principal Government Advisory on June 26 2023 this article provides a critical update and further elaboration on the Australian Taxation Office ATO lodgement amnesty program
With a steep rise in interest rates a cost of living crisis escalating tensions abroad and having just experienced a pandemic many small businesses have done it tough in recent times
As we head into the festive season we ve taken a moment to reflect on the year that was and capture our thoughts on what 2024 is likely to bring for Australian businesses and the insolvency sector
In episode nine of season two of The Cut Managing Principal Simon Cathro is joined by Joel Hanrahan from EverEdge Global
A recent survey from the Turnaround Management Association and KordaMentha warned that over 90 of industry professionals expect the Australian economy to slip into recession within the next two years In its slipstream insolvencies are expected to rise further
Sydney Insolvency experts Cathro Partners has announced its expansion into the Melbourne market The new office will bolster the firm s established presence in Sydney Brisbane and Canberra
The perplexing conundrum of observing insolvency and financial tumult in Australia s mining sector amidst record highs in mineral prices and employment invites scrutiny into the undercurrents that drive these seemingly paradoxical scenarios
A personal insolvency agreement PIA also known as a Part X agreement is a formal arrangement that an insolvent debtor can propose to their creditors under Part X of the Bankruptcy Act 1966 Cth the Act The agreement provides an alternative to bankruptcy
In episode eight of season two of The Cut Managing Principal Simon Cathro sits down with Angela Barkhouse Managing Director Head of Caribbean of Quantuma
In his new role Kazar will be responsible for serving clients in the ACT and nationally He will work with Cathro Partners leaders including Navin Lal in Canberra to build out the firm s bankruptcy and corporate restructuring capability
In our article Insolvency law reform has the time come for seismic change released on 24 July 2023 I provided a summary of the findings from the report handed down on 12 July 2023
Canberra Thursday 5th October 2023 Corporate restructuring experts Cathro Partners has appointed Henry Kazar as a senior member of the firm as it continues to build out its insolvency and restructuring advisory practice
Metigy collapsed in August 2022 with the court previously hearing that senior staff at the company had got in contact with investors because they had severe concerns about its solvency
As part of the 2020 Budget Digital Business Plan the Federal government at the time announced the full implementation of the Modernising Business Registers MBR Program The Legislation that enabled the MBR to proceed received Royal Assent on 22 June 2020
In our article Insolvency law reform has the time come for seismic change released on 24 July 2023 Andrew Blundell discussed the findings from the report handed down on 12 July 2023 Inquiry Report from the Parliamentary Joint Committee on Corporations and Financial Services inquiry into corporate insolvency in Australia
A complex structure of companies linked to Sydney based financial adviser Kris Agrawal and his wife Sashi were placed into voluntary administration in August
In episode seven of season two of The Cut Principal Andrew Blundell sits down with Patrick Coghlan the CEO of CreditorWatch
Essential steps to protect against cybersecurity risks and avoid financial distress
One GC MQ Park the holding vehicle for Mr Sunito s Macquarie Park site is facing a lawsuit for allegedly failing to make repayments on a $4 5 million loan that began less than a year ago
Growing insolvency and turnaround consultancy Cathro Partners has marked its two year anniversary with the recruitment of Amanda Rose in a newly created general manager role
In our article Insolvency law reform has the time come for seismic change released on 24 July 2023 Andrew Blundell discussed the findings from the report handed down on 12 July 2023 Inquiry Report from the Parliamentary Joint Committee on Corporations and Financial Services inquiry into corporate insolvency in Australia
In the Federal Court this week Metigy executives spoke publicly for the first time about how it attained a $1 billion valuation through Fairfull s deceptions credulous investors and a technology bubble
In episode six of season two of The Cut Founder Managing Principal Simon Cathro speaks with Andrew Jolliffe Director of Asia Pacific Region HTL Property about the pub and hospitality sector
The former chief financial officer of artificial intelligence marketing start up Metigy which was valued at up to $1 billion before it collapsed has admitted the company s products did not use AI
The boss of failed artificial intelligence marketing company Metigy has confessed that he lied to investors forged bank statements and fabricated revenue as part of a campaign of deception
I doctored the statements The bulk of the figures are fabricated There would have been some transaction but I don t know the real figures
Andrew Blundell and Simon Cathro of Cathro Partners were appointed on 18 January 2022 as Administrators of Dyldam Developments Pty Ltd
Pooling is a process where a group of two or more companies in liquidation can be determined as a pooled group by creditors or the court under certain conditions
In the ever evolving landscape of corporate insolvency being vigilant to early warning signs has become crucial for informed decision making in providing credit
The hospitality industry in Australia is a vital and thriving sector that plays a critical role in the country s economy
As many of you will be aware on 28 September 2022 the Parliamentary Joint Committee on Corporations and Financial Services began an inquiry into corporate insolvency in Australia and on 12 July 2023 they handed down their report in relation to their findings
In the latest ARITA Journal and off the back of being part of the panel on all things DOCAs at the NSW ACT ARITA Conference Principal Andrew Blundell provides his thoughts around a recent case study the team was involved with that was a bit outside the ordinary and demonstrates
As the financial landscape evolves businesses and corporations face the ongoing challenge of managing insolvency and restructuring processes effectively both with their own businesses and with customers or suppliers that may experience financial distress or corporate failure
In episode five of season two of The Cut our Founder Managing Principal Simon Cathro speaks with Dave Ellet Director of Moxon Capital about the market outlook for the next 12 24 months in the SME and corporate space
A Company Director is someone elected or appointed to manage a company s business and affairs
Businesses that are unable to pay their statutory debts with the Australian Taxation Office the ATO when they fall due may find themselves facing possible insolvency In this article we summarise two options available to help businesses meet their statutory obligations and mitigate the risk of insolvency
Insolvent trading is the law under the Corporations Act section 588G that says that if a company is insolvent and a director allows the company to incur a new debt then the director can be made personally liable for the new debts incurred The law makes directors responsible for ensuring
This year has already thrown up a number of challenges for business and individuals alike Continued inflation rising interest rates supply chain issues labour shortages and extreme weather have all meant that a large number of companies have and will continue to face various challenges that can lead to financial
Australian insolvency advisory firm Cathro Partners has expanded its portfolio with a new service line focused on personal insolvency
Under the Corporations Act 2001 there are several transactions that may be considered voidable in circumstances where a company is placed into liquidation
Leading Australian insolvency advisory firm Cathro Partners is pleased to announce the addition of a new service line focused on personal insolvency This builds on the firm s existing corporate insolvency and Government advisory services
Simon Cathro founder and managing partner of restructuring and insolvency specialist Cathro Partners says his general view on advice tech providers is they are often too heavily reliant on capital injections because they re not cashflow positive
In this week s article Stamford Capital provides some insights into commercial property finance markets
In episode four of season two of The Cut we have Andrew Blundell Principle at Cathro and Partners speaking with Heather Collins
In this week s article Stephen Groves of Groves Partners is our special guest providing some insights into valuation and the key non financial considerations that are relevant to a valuation of a business
Australia s retail industry is facing a very uncertain 2023 as the impact of higher interest rates inflation supply chain issues and cost of living pressures are likely to see consumers reduce their spending particularly on discretionary items
What should you consider when you have been approached to act as a director of a company
In our third episode for season 2 Simon Campbell Managing partner at Quantuma Advisory gives us insights into the UK insolvency Market
What is Small Business Restructuring under section 453 B Act This video outlines the Small Business Restructuring process timelines duties of Director and restructuring practitioner and the benefits of such an appointment
I recently spoke at the Australian Restructuring Insolvency and Turnaround Association ARITA Queensland state conference on technology in professional services firms and this got me thinking about how this information may be of benefit to our Cathro and Partners network
In our second episode for season 2 Nick Pilavidis CEO AICM provides his insights into the Australian Credit Industry
In recent times we have seen two key decisions heard in the High Court which further clarify the position about potential claims against creditors by a liquidator concerning unfair preferences
Last month and just days before a fresh hearing brought by plaintiff creditor Maradox Pty Ltd was to commence MG Gold s sole director Mendel Gluck took his sole option appointing Cathro Partners Simon Cathro and Andrew Blundell to the company as voluntary administrators
The Beaton Client Choice Awards recognise best practice in the professional services sector and are based solely on client feedback The awards reward firms in Australia and New Zealand for their excellent client service expertise in clients areas of need innovation and superior client experience
The Federal Court decision Australian Securities and Investments Commission v GetSwift Limited Penalty Hearing 2023 FCA 100 serves as a timely reminder to company directors and their advisors to ensure that the company is operating in accordance with relevant legislation
Australia s retail industry is facing a very uncertain 2023 as the impact of higher interest rates inflation supply chain issues and cost of living pressures are likely to see consumers reduce their spending particularly on discretionary items
In our first episode for season 2 Martin Lakos one of Macquarie Bank s market commentators provides his insights into the economy and what we can expect for the year ahead
What is a Mortgagee in Possession This video outlines the Mortgagee in Possession process timelines duties of an Agent and the benefits of such an appointment
The insolvency landscape has gone through major reforms in recent years particularly with the introduction of the Insolvency Law Reform Act 2016 Cth ILRA
Advisory division will aim to assist government agencies and accountants in lessening the impact of business collapses
Australia s third largest apartment builder went under last year and the fallout has continued from its demise
We have enjoyed our holidays are back to work and the kids have returned to school Now the focus is back looking at your business
Newly appointed Cathro Partners principal John Laird will lead the division offering independent advice to government agencies on complex corporate insolvency investigations enforcement and recovery proceedings
What is a voluntary administration This video outlines the voluntary administration process and the key processes and options that can be taken
Sydney Insolvency expert Cathro Partners has today announced a strategic expansion with international business advisory firm Quantuma
The liquidators of failed adtech startup Metigy which collapsed into administration in July just 20 months after raising $20 million in a Series B have taken a $1 45 million hit on the sale of a country property bought using company funds by the startup s now bankrupt founder David
The Kangaroo Valley farm of collapsed start up boss David Fairfull and wife Deborah has sold for $6 25 million at auction $1 45 million less than the $7 7 million the couple paid for the property in November last year
Agribusiness is defined as the industry enterprises and field of study of value chains in agriculture and the bio economy
The returns to creditors from Australian startup Metigy look thin with staff entitlements now being paid via a federal government scheme as the corporate regulator ASIC investigates suspected insolvent trading
The Mosman mansion of tech start up founder David Fairfull being sold by liquidators was only on the market for 13 days before selling for more than its $9 75m guide
The luxury Mosman home of David Fairfull the founder and chief executive of AI start up Metigy quietly sold on Monday as part of a broader sell off of company assets after it collapsed in July
Audited Financials are qualified financial statements Balance Sheet and Profit Loss by an independent qualified auditor that confirms whether the statements accurately reflect a company s financial performance
The process of restructuring a small business is intended to assist with resolving financial distress enabling small businesses to go to creditors to ask for help while staying in control during the process
The Mosman home of David Fairfull founder of collapsed artificial intelligence start up Metigy was listed for sale on Thursday in what agents expect will be a test of the high end market
In May this year I posed the question as to whether the often spoken of insolvency tsunami was finally upon us and whilst that hasn t eventuated formal appointment numbers have continued to rise consistently over the period since and it appears as though this trend will remain through the
The luxury Kangaroo Valley retreat owned by Deborah and David Fairfull the founder of collapsed artificial intelligence start up Metigy is set to hit the market as liquidators to the group look to retrieve their losses from the sale of the property that was purchased last year for $7 7
On this episode of The Cut Simon Cathro will be joined as co host by Bob Jacobs from Auxilium Partners Luke Furler the head of Quantuma s Asia Pacific region speaks with Simon and Bob
Whilst there have been several recent legislative changes in the corporate insolvency landscape including the introduction of small business restructuring simplified liquidation and an increase in the statutory demand minimum to $4 000
In July Metigy left its 75 staff and the technology scene shell shocked when it collapsed owing $32 million to creditors including around $2 5 million to employees
On 28 September 2022 the Parliamentary Joint Committee on Corporations and Financial Services began another inquiry into corporate insolvency in Australia
Domenic Lo Surdo Managing Director at Stamford Capital joins us in this episode of The Cut Stamford Capital is Australia s leading independent arranger and provider of commercial property finance In the episode Domenic offers commentary and explores the world of construction finance
We re very lucky to have one of the preeminent national litigation construction and solvency lawyers in town Mr Joseph Scarcella joining us today
In this episode we are joined by Gary Busby and Bronwyn Dumont from the Australian Taxation Office to provide Insights into the Collections Team In the market s insolvency and restructuring situations the collections team is essential
As we move into more uncertain times and we are seeing a corresponding increase in the number of insolvency appointments the issue of when a director banning might impact a person becomes relevant
What is a Creditors Voluntary Liquidation This next video in our education series explains what a Creditor s Voluntary Liquidation is and how the process works
Director Identification Numbers DIN Reminder to ensure your clients are compliant
Following a meeting with creditors today Simon Cathro and Andrew Blundell of Cathro Partners have been appointed liquidators of the three Australian companies within the Metigy Group
Small businesses have had to adapt to COVID s effects on the economy over the past two years They are now dealing with a whole new set of difficulties including rising inflation lack of workers high consumer demands and supply chain issues
Creditors of Metigy which went into administration late July putting 75 people out of work have voted to place the artificial intelligence marketing platform into liquidation
A struggling Australian tech company owing $32 million has gone into liquidation after it couldn t trade its way out of disaster
It has been pretty well documented in the mainstream media the issues that have faced the construction industry over the past 12 months Volatility within the market has been caused by a mix of supply chain issues rising costs of materials and labour shortages
Corporate regulator ASIC has started an investigation into Metigy amid reports the Australia machine led marketing platform had been trading insolvent as it went into voluntary administration
Small businesses have had to adapt to COVID s effects on the economy over the past two years They are now dealing with a whole new set of difficulties including rising inflation lack of workers high consumer demands and supply chain issues
Major economic disruptions like COVID low interest loans and supply chain problems increase the need and opportunity for financial fraud How do certified fraud examiners detect fraudsters who fudge the figures
Cathro Partners operates primarily on the eastern seaboard of Australia while Auxilium operates out of Western Australia This alliance will expand our firms insolvency restructuring turnaround and forensic professional service capabilities nationally
Marketing technology company Metigy an IPO hopeful backed by some well known Australian investment shops has called in the administrators only months after planning a capital raising that was seeking a $1 billion plus valuation
Administrator for Australian martech business Metigy is investigating a sale of its IP and assets after the business went into voluntary administration last week
Creditors for Enova Community Energy and Enova Energy say they have voted in favour of Deeds of Company Arrangement DOCA for each company that will see the entities avoid liquidation and facilitate a better return for creditors
Sydney Insolvency experts Cathro Partners are investigating the sale of assets and intellectual property for marketing technology business Metigy following the recent announcement of its voluntary administration
Investors are set to ask the Australian Securities and Investments Commission to investigate fallen tech company Metigy after it collapsed owing thousands of dollars to staff and creditors
Law firm Allens introduced insolvency boutique Cathro Partners to marketing technology business Metigy only hours before it was tipped into administration
Down and out Metigy s investors want to see an urgent and independent review of the company s books as they try to make sense of how a near unicorn could unravel so quickly
Distress in construction and some practical tips that construction businesses might take in situations when they are staring down a financial distress situation
In this episode of The Cut Principal Andrew Blundell is taking over the hot seat to interview Senior Counsel Barrister Farid Assaf
Many Enova Energy customers have been shocked by the fact that they have found themselves now customers of Origin Energy or Energy Austalia
Enova Energy whose ground breaking community retailer business was forced into voluntary administration last month as a result of Australia s energy market crisis has dodged liquidation through an arrangement with fellow small retailer Energy Locals
Creditors for Enova Community Energy and Enova Energy have voted in favour of Deeds of Company Arrangement DOCA for each company that will see the entities avoid liquidation and facilitate a better return for creditors
This article aims to outline to the readers how the proper management of working capital is critical to achieving growth that generates value and strengthens returns across sectors
The unit s plan in the Australian Capital Territory is managed by the Unit Titles Management Act 2011 the Act and the OC is responsible for managing it
Cathro Partners are experts in providing insolvency and restructuring services that help to create and preserve business value
The Enova Community Energy Board is very disappointed to announce today that Enova Community Energy and Enova Energy its retail electricity arm have been placed into voluntary administration this morning
The Australian Energy Regulator has quietly demanded sensitive financial information from the county s retailers to test their resilience to the energy crisis that threatens to send more to the wall
Australia s first community owned energy retailer Enova Energy has been placed into voluntary administration with the diabolical state of the energy market forcing the company out of business
The diabolical state of the energy market in Australia s eastern states has claimed another victim with community owned supplier Enova falling into administration as the crunch hits suppliers both small and large
When will I get paid if the Company that owes me money is placed into External Administration
The second video in our educational series discusses members voluntary liquidation This video will explain both the process of members voluntary liquidation and why numerous companies may need to participate
A timely reminder to company officers and advisors that the anti phoenix law reforms introduced over two 2 years ago to combat illegal phoenix activity is at work and is demonstrated in a recent decision where a sale transaction was declared void
Simon Cathro is joined by Chip Hoebeke a US Insolvency Practitioner and Fellow of INSOL for our third episode of The Cut
We are pleased to announce a new member of the Cathro Partners team
In our last newsletter Andrew wrote an article regarding the likelihood of insolvencies growing and the level of enquiries picking up generally for the insolvency and restructuring industry
Ever since the onset of the COVID 19 pandemic in March 2020 media and industry commentary in the insolvency and restructuring space has been dominated by talk of a pending tsunami of insolvencies
Cathro Partners are experts in providing insolvency and restructuring services that help to create and preserve business value
As we start to settle into the new market conditions and have witnessed a significant change in businesses primarily as a result of a greater uptake in new technologies and changing market demand
21 May 2022 Is it the beginning of the end for Australia s COVID affected statutory collection practices
Simon Cathro is joined by arguably the most important person in our industry John Winter In this episode we get to know who John is what his role as CEO at ARITA involves and what he is passionate about for ARITA
Even as we exit the COVID economic market we still witnessed record growth in the Australian private debt market for 2021
The first in our series of educational videos This video explains the Safe Harbour process and how Cathro Partners can help businesses through financial difficulty
The Federal Government recently passed laws that allows directors of financially distressed businesses a new safe harbour to turn around their business without the stress of being personally pursued for insolvent trading actions
What is a DIN A DIN is a unique fifteen digit identifier given to a director or a person who intends on becoming a director that once issued will remain with that person for life
This article aims to outline to the readers how a company may restructure its financial affairs through the formal appointment of an administrator and then entering into what is known as a deed of company arrangement
Construction related businesses have built up a mountain of unpaid tax bills during the pandemic threatening a wave of failures this year that could take otherwise healthy creditors down with them insolvency practitioners warn
We are likely to see an increased number of businesses suffering from business financial distress caused by the COVID pandemic and potentially the effects of inflation that we are likely to see during 2022
Mr Lane joins the firm with over six years of insolvency experience in corporate and personal appointments and expertise in corporate finance
The full federal court in the recent decision of Morton as Liquidator of MJ Woodman Electrical Contractors Pty Ltd v Metal Manufacturers Pty Limited 2021 FCAFC 228 considered the provisions of
Home builders face a tough 2022 as soaring demand for new houses and rising costs and labour shortages put them at risk of a profitless boom
Back at the end of 2020 I spent some time reflecting on what had occurred during that year and its effects on the business landscape
We have all experienced and witnessed situations both personally and with our clients regarding a breakdown in a relationship that has led to a dispute
Trusts and Insolvency For anyone who has come across this area and the interaction between trust law and the Corporations Act Act you would understand there is significant conjecture
Recently established restructuring consultancy Cathro Partners has picked up its first post launch hire with familiar face Andrew Blundell joining the firm as a Principal
Sydney Cathro Partners the boutique insolvency and corporate restructuring firm recently founded by industry expert Simon Cathro has appointed Andrew Blundell as a Principal
How do established accounting firms deal with the challenges of succession Exiting partners and business owners want to maximise value while ensuring their clients and staff continue to be looked after
The impact of Covid 19 in the last two years has seen and will continue to see some permanent changes occur in the small to medium business sector
Will businesses in financial distress or teetering on the edge of insolvency start to utilise the small business restructuring process introduced in January 2021 now that we have emerged out of the COVID lockdowns related legislative protections and support packages
The purpose of this week s article is a technical piece outlining the scheme s terms it s basis for existence and a working example that highlights the savings
In this low interest rate environment access to capital has been plenty Your clients should be taking advantage of this opportunity and reviewing their finance facilities to determine if they are getting the best possible financing deal ​
In our last article we spoke about the benefits of maintaining financial records to monitor a business s financial health
As restructuring and insolvency practitioners we often encounter businesses failing simply because they have poor legal documents or financial systems in place
The world has changed Australians are locked down and facing challenging restrictions What that means is that businesses your clients could be severely impacted
For former Worrells partnerSimon Cathro the worst of times might also be the best of times to pursue his ambition to found and grow his own insolvency firm
Three months after going into voluntary administration Napoleon Perdis Cosmetics has been saved from liquidation by KUBA Investments following a meeting with creditors

8220 Daigou queen 8221 Livia Wang and former Witchery executive Henry Lee have come to the rescue of Napoleon Perdis offering to buy his eponymous make up empire which went into voluntary administration in January 8230

An influx of international and independent beauty brands contributed to the collapse of Australian grown cosmetics empire Napoleon Perdis Group which has stepped up a search for buyers after appointing voluntary administrators
The Australian Tax Office could struggle to pursue individual Foodora directors for what is being flagged as more than $10 million in tax and superannuation liabilities as the company s only official Australian director is a 23 year old accountant