ASIC has applied to the Federal Court in Melbourne to enquire into the conduct of Melbourne liquidator, Mr Ross John McDermott, concerning the performance of his duties as a registered liquidator, voluntary administrator and deed administrator of twenty-six companies to which he had been appointed.

ASIC seeks orders that Mr McDermott be removed as liquidator, voluntary administrator and deed administrator of the twenty-six companies and that he be prohibited from holding the office of liquidator, provisional liquidator, voluntary administrator or administrator of a deed of company arrangement for such period as the Court sees fit.

The matter has been listed for directions in the Melbourne Federal Court on 5 February 2016. ASIC will not comment upon the proceeding until the court has determined whether an enquiry will be held and if so, then again after the court has made final orders.

Background

Under the Corporations Act 2001, ASIC may apply to the Court to undertake an enquiry where it appears that an insolvency practitioner has not faithfully performed, or is not faithfully performing, his or her duties as a liquidator or receiver or adhering to relevant legal requirements.

Where the Court grants ASIC’s application for an enquiry, it may conduct an enquiry and examination of the insolvency practitioner.

ASIC seeks orders from the Federal Court concerning Mr McDermott's role as the registered liquidator, voluntary administrator or deed administrator in relation to the following companies:

Liquidator

• Conalpin Pty Ltd ACN 064 718 298 (Strike Off)
• Dolmear Pty Ltd ACN 069 052 455 (Strike Off)
• Rapid Glass Solutions Pty Ltd ACN 132 764 240 (Deregistered)
• Total Elevator Services Pty Ltd ACN 121 507 426

Voluntary Administrator and Deed Administrator

• Interactive Projects (VIC) Pty Ltd ACN 070 292 509 (Deregistered)
• Altaus Pty Ltd ACN 125 461 958 (Deregistered)
• A.C.N. 105 438 926 Pty Ltd ACN 105 438 926, formerly known as Speedfloor Australia Pty Ltd (Deregistered)
• Hart Empire Pty Ltd ACN 118 125 198 (Deregistered)
• Machunt Pty Ltd ACN 083 214 340 (Deregistered)
• Megavend Pty Ltd ACN 124 853 694 (Deregistered)
• Raft Technologies Pty Ltd ACN 110 414 134 (Deregistered)
• Northview Custom Build Pty Ltd ACN 142 477 236
• Pixel Property One Pty Ltd ACN 131 623 231

Voluntary Administrator and Deed Administrator

• Trackerjack Pty Ltd Australasia Pty Ltd ACN 091 648 618
• Tegman Pty Ltd ACN 139 630 336 (Strike Off))
• Limos Online Australia Pty Ltd ACN 101 677 132 (DOCA Ceased)
• Rizzo Constructions Pty Ltd ACN 091 162 051
• Hooked-On Constructions Pty Ltd ACN 104 880 828 (DOCA ceased)
• Rock Flat Valley Pty Ltd ACN 065 327 559 (DOCA ceased)
• Procus West Pty Ltd ACN 059 852 452 (DOCA ceased)

Voluntary Administrator, Deed Administrator and Liquidator

• Fontana Property Group ACN 102 756 178
• TSM Selection Pty Ltd ACN  099 151 765
• Dancol Constructions Pty Ltd ACN 100 756 938
• Stoneleighton Developments Pty Ltd ACN 110 525 794
• New Point Properties Pty Ltd ACN 123 070 164
• Lefkas Builders Pty Ltd ACN 007 169 002 (Deregistered)

Editor's note:

On 4 February 2016, Middleton J made Orders by consent that any response to ASIC's affidavit filed on 15 December 2015 be filed and served before 4pm on 18 March 2016.

The matter has been listed for further directions on 8 April 2016.

Editor's note 2:

On 11 October 2016 the Federal Court made orders prohibiting Mr McDermott from accepting any new appointments as a registered liquidator for a period of three years (see 16-345MR).