Did Wily jump before AFSA pushed?

Andrew Wily hooked up and laughing.
Photo courtesy: Andrewwily.com.au

IN early February, Sydney-based insolvency practitioner Andrew Wily was required to front at a meeting with the Australian Financial Security Authority (AFSA).

The bankruptcy regulator had formed a three member committee under section 155(H) of the Bankruptcy Act to consider terminating Wily's registration as a trustee in bankruptcy.

Section 155(H) (1) allows for the involuntary termination of a bankruptcy trustee's registration. It empowers the Inspector-General to demand from the trustee a written explanation justifying why they should continue to be registered.

If the trustee's response either does not satisfy the Inspector-General, or is not forthcoming within a reasonable time frame, then under the Act, the Inspector-General must convene a committee "to consider whether the trustee should continue to be registered."

The reasons why the regulator might consider involuntary termination are numerous. If a trustee is incapacitated by illness or convicted of a crime then section 155(H) can be applied. If the regulator believes the trustee has failed to carry out their duties properly or exercise their powers in a suitable fashion then a demand under 155(H) can be issued. There is no suggestion that any of the above are the reason why AFSA was contemplating rescinding Wily's registration. On that point both Wily and AFSA are mute.

Whatever the reason, it was sufficiently serious for AFSA to form the committee comprising the Inspector-General, another public servant and a registered trustee with no conflict of interest. Under the Act the registered trustee must be chosen by the Australian Recovery Insolvency and Turnaround Association (ARITA).

SiN understands a trustee travelled from interstate to join the committee. It should not be inferred though that there isn't a trustee in NSW who doesn't have a conflict when it comes to the head of armstrongWily, who, as it turned out, arrived at the meeting accompanied by his lieutenant Paul Fury, another armstrongWily staffer and an alternate proposal.

Strathfield in administration - again

Strathfield Group
chairman Vaz Hovanessian.
Photo: SiN Images.

AFTER two weeks of desperate negotiations, Strathfield Group chairman Vaz Hovanessian has appointed Andrew Wily and Paul Fury from Armstrong Wily as external administrators to the crippled telco. Creditors will see a reconstruction proposal next month.

Hovanessian told SiN yesterday he’d spent much of the past fortnight persuading Optus, the company’s main supplier, to continue trading with the beleaguered group.

“If we go into liquidation Optus is going to pull the plug and the only asset we have is the Optus contract,” Hovanessian said.

“The only way is to stay in business, carry on to preserve the contract and you can see why there was frantic negotiations with Optus,” he said, adding the telco was still paying commissions to Strathfield as per the contract.