You just have to laugh...... in May 2012 the IPA commenced investigations into shonkey Andrew Dunner.....
Simply put... how long had the IPA and ASIC been protecting Dunner?
I am aware ITSA or now Australian Financial Security Authority and the IPA protected the corrupt Trustee Paul Pattison in Victoria for years.................
IPA Member suspended
.
In May 2012, the IPA commenced investigation of a concern
in relation to Victorian IPA Member Andrew Dunner, following the
commencement of proceedings against him by ASIC in the Federal Court of
Australia. Further details regarding the action by ASIC is available on
the ASIC website. Mr Dunner has subsequently resigned from, and replacement practitioners have been appointed to, his appointments.
As a consequence of Mr Dunner's failure to adequately respond to reasonable inquiries made by the IPA in relation to the action taken by ASIC, in accordance with the IPA's Constitution, the National Committee has suspended his membership pending the receipt of an adequate response.
2-93MR ASIC acts against Melbourne liquidator
Tuesday 15 May 2012
ASIC has applied to the Federal Court in Melbourne to inquire into the conduct of Melbourne liquidator, Mr Andrew Leonard Dunner, concerning the performance of his duties as a registered and official liquidator and as a receiver or manager of a total of eleven companies to which he has been appointed.
ASIC is seeking orders that Mr Dunner 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, or alternatively, to declare there are grounds for the cancellation of Mr Dunner’s registration as an official liquidator.
Further, ASIC is seeking orders to pay into Court any remuneration received by him in his role as the registered and official liquidator of eight companies if the court finds that the remuneration was paid:
- without proper approval of the creditors, a court or a committee of inspection; or
- for work performed outside the period of the relevant liquidation; or
- where the remuneration was not validly determined or fixed under the Act.
Yesterday, Mr Dunner notified ASIC of his resignation as liquidator of the three companies connected with the application where the liquidations are ongoing: Red Earth Facade Systems Pty Ltd, Rayunit Pty Ltd and Emberford Pty Ltd.
At today’s hearing, Justice Middleton ordered that:
- James Downey be appointed as liquidator of Red Earth Facade Systems, Rayunit and Emberford;
- Mr Dunner file any response to ASIC’s allegations by 11 July 2012;
- The matter be listed for further directions on 13 July 2012.
Background
Under the Corporations Act 2001, ASIC may apply to the Court to undertake an inquiry where it appears 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 accepts ASIC’s application, it may conduct an inquiry and examination of the insolvency practitioner. It may also make such orders it thinks fit, including the payment of compensation to creditors.
ASIC is seeking orders from the Federal Court in relation to Mr Dunner’s role as the registered or official liquidator of:
- Polymertechnik Pty Ltd (deregistered) ACN 122 433 550;
- Polymertechnik Foam Pty Ltd (deregistered) ACN 122 433 587;
- Regen Polymers Pty Ltd (deregistered) ACN 128 884 266;
- Barra Trans Pty Ltd (deregistered) ACN 109 201 587;
- Bartech International Pty Ltd (deregistered) ACN 086 553 586;
- Red Earth Facade Systems Pty Ltd (in liquidation) ACN 094 326 753;
- Rayunit Pty Ltd (in liquidation) ACN 062 998 378;
- Emberford Pty Ltd (in liquidation) ACN 007 394 881;
and as the receiver and manager of:
- Regen Polymers Pty Ltd (deregistered) ACN 128 884 266;
- Environmental Polymer Holdings Pty Ltd (deregistered) ACN 122 431 832; and
- EPFE Pty Ltd (deregistered) ACN 122 433 694.
Editor's note 1:
At a hearing in the Federal Court in Melbourne on Friday 27 July 2012, the Court ordered that:
- there be an enquiry into the conduct of Mr Dunner as a liquidator and a receiver and manger in relation to the companies listed above pursuant to both section 536 and section 423 of the Corporations Act
- until the determination of the proceeding, or further order of the Court, Mr Dunner give to ASIC a report every month setting out the remuneration he has received and the relevant approvals in relation to all current administrations where he has been appointed liquidator, receiver and manger or administrator
- the proceeding be referred to a Registrar of the Court for mediation on a date after 21 September 2012 to be fixed, and
- the matter be listed for a further directions hearing on 9 October 2012 at 10.15am.
Editor's note 2:
At a hearing in the Federal Court in Melbourne on Wednesday 24 October 2012, the Court ordered that:
- the matter be set down for a final hearing for five days, starting on 11 February 2013, and
- mediation to be held on 28 November 2012, subject to the filing and serving of any affidavit material on behalf of Mr Dunner by 21 November 2012.
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