Mystery behind bankrupt's bid to be excused

Bankrupt Dolores Lavin, who has applied to have her
summons for public examination discharged on the
basis of an unspecified medical condition

ONE can only imagine what Worrell's Aaron Lucan is making of the application by self-declared bankrupt Dolores Lavin to be exempted from being examined about her financial affairs.

In the Federal Circuit Court yesterday Lavin's barrister Geoff McDonald said that a 'medico' had been identified who could provide the expert testimony upon which Lavin will rely in her application to have her summons to appear at a public examination discharged.

The court has previously heard that an initial assessment of Lavin's undisclosed medical condition had proved unsatisfactory for the purposes of the application because that doctor had been unwilling to sign the appropriate code of conduct declaration as it relates to independence. However a sufficiently independent specialist has since been identified.

At one point Judge Nicholas Manousaridis asked McDonald who was instructing him. When McDonald replied: "solicitors", the judge asked: "Who's instructing them?"

McDonald's reply, if there was one, was indistinct but outside the court he counselled against making "dangerous assumptions".

Arrest warrants voided as accountants appear

From Left: Bill Gertos, solicitor James Jordan
Therese Alha and Constantine Savell
Photo: SiN Images

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 when summonsed. Seated in the front row of the public gallery, Gertos said that if he had known about the summons, "I would've been here".

The three, all connected to Camperdown firm Gertos Savell Katos (GSK), were originally summonsed to appear on Monday, November 23, 2015.

Lawyers acting for creditors of bankrupt artistic agent Dolores Lavin are keen to scrutinise arrangements which have seen title to a $3.8 million Potts Point apartment pass from a family trust controlled by Lavin as trustee to a family trust controlled by a trustee company called Billy Buckle Pty Ltd controlled by Gertos.

Of the three only Savell was delivered to the court under arrest. His lawyer James Jordan portrayed it as unfortunate and unnecessary, telling the registrar that five minutes after Savell had advised him he was preparing to surrender voluntarily, a pair of agents from the Australian Federal Police executed the warrant and brought him in. Alha and Gertos surrendered voluntarily.

Unaccustomed to issuing arrest warrants, Registrar Ng accepted undertakings from the three to comply with their summonses and declared the arrest warrants void. The summonses now require Gertos and Savell to produce documents and Alha to present herself for examination tomorrow.

Arrest warrants issued for Lavin's accountants

Accountant Con Savell of Gertos, Savell Katos

THE wash up from day one of public examinations into the bankrupt estate of artistic agent Dolores Lavin culminated in the issue of arrest warrants for her accountants and an application by Lavin to be excused from her examination on undisclosed medical grounds.

Late on Monday afternoon Federal Court Registrar Chuan Ng issued warrants for the arrest of Bill Gertos, Con Savell and Therese Alha. Barrister Geoff McDonald, who is representing Lavin and others summoned to appear advised by text message late yesterday that the accountants would appear at the court today.

All three are connected to accounting firm Gertos Savell Katos in Camperdown, though a testy receptionist told SiN over the telephone that Bill Gertos had no association with the accounting practice whatsoever.

An ASIC search of Gertos Savell Katos Pty Limited confirmed that Bill Gertos is neither a director or a shareholder of that company.

However in his Declaration of Independence, Relevant Relationships and Indemnities (DIRRI), Lavin's trustee in bankruptcy declared that Gertos Savell Katos refers work to Worrells from time to time and that "Bill Gertos is one of the partners of Gertos Savell Katos Accountants & Advisors."

In his initial report to creditors Aaron Lucan showed that Gertos has in recent years been installed as director and shareholder of former Lavin entities DLM Australia Pty Limited, DLM Capital Pty Limited and Luxe Studios & Productions Pty Limited.

Lavin bankruptcy a curly one for Worrells

Bankrupt artistic agent, Dolores Lavin
Image: DLMLA

WORRELL'S Aaron Lucan must be having an interesting time at present, variously cajoling and coercing the rival claimants to the estate of Dolores Lavin, a bankrupt artistic agent whose assets are linked to an accountant given to slinging work Worrells' way.

In his first report to creditors as Lavin's trustee in bankruptcy, Lucan told creditors: "There are many complex and varied issues affecting Ms Lavin's assets and liabilities." He wasn't kidding.

For a start there seems to be genuine contention in regards to proprietorship of Lavin's apartment in Potts Point. She paid $3.8 million for the Wylde Street pad in 2008 with a mortgage from Westpac. Current valuations are coming in anywhere between $2.058 million and $3.2 million.

For Lavin's creditors, Wylde Street represents real potential, though Lucan has yet to disclose how much, if any of their $5.32 million in claims he's accepted in proofs of debt.

According to Lucan's report, Lavin, who filed for bankruptcy via a debtors petition on February 19, 2015, is sole registered owner on title to the apartment. However Lucan told creditors there are "unregistered dealings on title" that may effect the validity of the mortgage.

These dealings appear to be at odds with orders made in the Supreme Court of NSW in February 2014 and according to Lucan, Lavin neglected to disclose the property's existence in her Statement of Affairs (SoA). But that's perhaps because she doesn't regard herself as sole registered proprietor.

"During an interview with the bankrupt on March 9, 2015, I was advised that the bankrupt was registered on title in her capacity as trustee for the Wylde Family Trust," Lucan said.

"I was provided with documentation relating to a change of trustee. I requested a copy of the trust deed.

"On 16 March 2015 I received a copy of the trust deed accompanying a letter from a solicitor purporting to act for the trustee of the Wylde Street Trust, Billy Buckle Pty Limited.

"I have received information and documentary evidence from a creditor refuting the assertion that the property is held on trust," Lucan claimed.

Liquidation's outcome 'profoundly disturbing" says On Q Group judge

Matthew Gess
Photo: Worrells 

LIQUIDATORS' remuneration and deeds of company arrangement (DoCAs) are again in the spotlight following the publication of a judgement relating to the failed ASX-listed IT outfit, On Q Group Limited (In Liquidation)(Subject to Deed of Company Arrangement)

The judgement - handed down last Friday by NSW Supreme Court Justice Paul Brereton - ruled on the application of Danny Vrkic, a Wollongong-based insolvency practitioner seeking to terminate the winding up of On Q Group so as to facilitate the effectuation of a DoCA. 

Paul Burness
Photo: Worrells.

But while outlining his reasons for ultimately granting Vrkic's application, the judge expressed multiple reservations about how On Q Group's insolvency has played out.

One concern related to the remuneration of On Q Group's liquidators, Worrells' Matthew Jess and Paul Burness, who were appointed liquidators via a creditors voluntary winding up on December 23, 2008. Justice Brereton questioned the liquidation's purpose.

"Thus the practical effect of the liquidation has been to

recover in excess of $725,000 of assets and transfer it to the liquidators, their agents and advisers, with no benefit at all to those for whose benefit the liquidation is supposed to be conducted. I find this profoundly disturbing," he said.

Prior to the judgement Jess and Burness presented evidence to justify their remuneration, with Jess filing an affidavit on October 1 2014 which laid out the complexities of the liquidation and the work done. The judge however seemed unconvinced.

"But even assuming that every dollar of remuneration can be supported on the basis of time spent at their usual rates, it is difficult to see how it can be justified having regard to considerations of proportionality," he said, referring to his recent decision in the matter of AAA Financial Intelligence Ltd (in liquidation) ACN 093 616 445 (No 2) [2014] NSWSC 1270 (17 September 2014).

In a statement provided to SiN, Worrells shed more light on the background to On Q Group's complicated clean up.

"Prior to us accepting this appointment, we are aware that at least one other major insolvency firm had refused to consent to act due to the significant risk and uncertainty associated with the appointment," the firm said. 

"The Voluntary Administration and subsequent Liquidation of the Company was burdened with a number of complexities, including several separate legal proceedings, and significant costs that we were required to personally fund (at our expense and risk) as there were no recoveries until more than 12 months following our appointment.

"Worrells supports proper scrutiny of liquidators remuneration and we welcome open discussions on insolvency matters."

Justice Brereton's judgement, following hard on the heels of the AAA Financial decision, also drew a quick response from the Australian Restructuring, Insolvency & Turnaround Association (ARITA). 

Trustee’s grab for school fees foiled

The young Fung's school fees
have eluded their Mother's trustee
Nick Malanos.
Photo: Worrells. 

NICK Malanos’ attempts to secure $200,000 for the creditors of bankrupt financial advisor Tina Poh-Chooi Fung have been dashed by Federal Court Justice Dennis Cowdrey (See Justice Cowdrey's judgement).

In a decision handed down last week Justice Cowdrey upheld an appeal launched by the bankrupt’s ex-husband, Stephen James Oliver.


Mr Oliver was appealing Federal Magistrate Rolf Driver's January 2011 judgement which found that $200,000 Ms Fung contributed to a fund for the education of the couple’s three children vested with the Worrells’ bankruptcy trustee at the time of her bankruptcy.