On 22 October 2024, the Federal Court made orders appointing Helen Newman and Andrew Fielding of BDO as receivers and managers of the property of David McWilliams and his wife Laura Fullarton.
The receivers are tasked with conducting investigations into the amount of investor funds received by Mr McWilliams and Ms Fullarton and to provide a report to the Court within 28 days.
The appointment of receivers follows urgent action taken by ASIC in September 2024 to obtain asset preservation orders over Mr McWilliams, Ms Fullarton and a number of companies operated by Mr McWilliams (see 24-207MR). Travel restraint orders were also made in relation to Mr McWilliams.
Mr McWilliams is director of several companies that offered investment opportunities for purpose-built NDIS compatible property development schemes across Australia. Many of these companies are also under asset preservation orders.
ASIC has also made an application seeking the appointment of receivers over a number of companies operated by Mr McWilliams. The hearing considering this application is listed for 1 November 2024.
More information about the investigation and frequently asked questions can be found on the ALAMMC Developments investigation page.
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Order of O’Sullivan J dated 3 December 2024
Order of O’Sullivan J dated 3 December 2024
Background
On 11 September 2024, the Federal Court made orders preserving the assets of ALAMMC Developments Pty Ltd, SDAMF 2 Pty Ltd, Harvey Madison Capital Pty Ltd and Coral Coast Mutual Pty Ltd, and other related entities.
ASIC is investigating the businesses conducted by Mr McWilliams and his companies in relation to the provision of financial services and use of investor funds from 1 January 2021.
ASIC opened its investigation after receiving information in relation to Mr McWilliams’ gambling activities.
The companies that are subject to the asset preservation orders are:
- ALAMMC Developments Pty Ltd
- ALAMMC Developments 2 Pty Ltd
- ALAMMC Developments 3 Pty Ltd
- ALAMMC Developments 4 Pty Ltd
- ALAMMC Developments 5 Pty Ltd
- ALAMMC Developments 6 Pty Ltd
- ALAMMC Developments 7 Pty Ltd
- SDAMF 2 Pty Ltd
- SDAMF 3 Pty Ltd
- SDAMF 4 Pty Ltd
- Mortgage Mutual Fund Pty Ltd
- Harvey Madison Capital Pty Ltd and
- Coral Coast Mutual Fund Pty Ltd.
Any person who is an investor in ALAMMC Developments Pty Ltd, SDAMF 2 Pty Ltd, Harvey Madison Capital Pty Ltd and Coral Coast Mutual Pty Ltd or the other related entities and has concerns can contact ASIC at alammc.enquiries@asic.gov.au.
Editor's note:
On 25 November 2024, Justice O’Sullivan made an order listing a hearing for an interlocutory application filed by the receivers in the proceeding for 3 December 2024 at 10:30 am.
Editor’s Note 2:
At the conclusion of the hearing on 3 December 2024, Justice O'Sullivan made a number of orders, including orders allowing the Receivers to deliver a single, combined report, and extending the time for delivery of that report to 25 February 2025.