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Introduction to Insolvency and PIAs Welcome to Cathro & Partners’ guide on Personal Insolvency Agreements. Before we delve into PIAs, let’s understand some key concepts. Insolvency occurs when an individual or business can’t meet their debt obligations. This guide will clarify terms like ‘debtor’, ‘creditor’, ‘insolvency practitioner’, and ‘bankruptcy’ to

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 (the Inquiry).
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 (the Inquiry).
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 the
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 Fairfull.
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 end
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 million…
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…