Tuesday 16 February 2016

Asset freezing proceedings dismissed by consent

Jarrod Siorecki: Obtained
freezing orders against a
former director. 
Insolvency Guardian managing director Jarrod Siorecki has chosen not to pursue asset freezing orders against the former director of Insolvency Guardian Melbourne.

Siorecki sought an urgent ex-parte hearing before Justice James Edelman late on Monday, February 8, 2016 and was granted freezing orders the following day. But on March 11, the judge ordered the proceedings be dismissed by consent.

Initially Justice Edelman had made orders 
against Philip Anthony Carlei, formerly Insolvency Guardian Melbourne's director and Zuppa Soup Kitchens Pty Ltd, a company controlled by Carlei, freezing assets to the value of $400,000. 

It should be noted that at the time of the application Carlei had not had an opportunity to respond to Siorecki's allegations, which are outlined in a judgment attached to the orders

Carlei's Linked In profile lists his most recent employment as being an area manager for Baker's Delight. There are also references to stints at RSM Bird Cameron and Hall Chadwick but no mention of Insolvency Guardian Melbourne.
Former Insolvency Guardian Melbourne
director Phil Carlei

Nor were the allegations tested. SiN heard from Victorian sources that Carlei was overseas. 

Carlei was a contractor who began working as the sole representative of Insolvency Guardian Melbourne in February, 2014.

In January 2015 he was made a director of Insolvency Guardian Melbourne. From that point he was to be paid 50 per cent of the fees charged by Insolvency Guardian to all clients he introduced to the organisation. Then in mid-December 2015 Carlei told Siorecki that he intended to resign.

The announcement came about a week after Siorecki decided - on December 9 - that Insolvency Guardian Melbourne would cease trading because: "The Melbourne office did not reap the same financial rewards as the Brisbane office".

On January 6, 2016 Carlei lodged a 370 form with ASIC giving notice of his resignation as a director. The form however identified June 30, 2015 as his resignation date. According to Siorecki neither he nor his staff knew Carlei was resigning until mid-December.

In the course of transferring management of whatever business remained with Insolvency Guardian Melbourne, Siorecki had all emails going to Carlei rerouted to him.

"In late January he (Siorecki) received three emails that revealed that Mr Carlei may have continued to conduct business in the name of Insolvency Guardian (Melbourne) despite having resigned as a director," Justice Edelman said.

"Mr Siorecki became aware that Mr Carlei had received money as payment for that work into bank accounts that were not controlled by Insolvency Guardian or Insolvency Guardian (Melbourne)." The freezing orders referred to two accounts with the ANZ Bank allegedly connected to Carlei and Zupa.

In describing the second respondent's alleged connection, Siorecki's counsel Ben Kidston told Justice Edelman there was a prospective cause of action against Zuppa Soup Kitchen "... based on its involvement in what was described as a "scheme" by Mr Calei".

Siorecki was ordered to file and serve his affidavit and other documents as soon as is practicable. At the date of the application Siorecki undertook to bring proceedings within 14 days. 

An email sent to Siorecki seeking comment was not responded to at time of publication. Messages from SiN conveyed by his lawyer, his barrister and his public relations advisor also failed to elicit replies.

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