Introducing our free debt collection tool

assetprotection.biz offers you the free use of our free debt collection tool – called the Creditors Statutory Demand.

To access the tool – simply go to our form and answer the questions and we’ll email you the demand within a few minute. Click this link to open the tool.

Below is a short video explaining the process.

Click this link to open the tool:https://forms.gle/ateUd36DAxf65qPJ8

To take our Business Health Check – click here: http://4799618.hs-sites.com/business-health-check-0

To go to our knowledge base – click here: https://assetprotection.biz/knowledge-base/

For more information – chat with us live using our instant chat tools (bottom corners), book an appointment or call now on 1300-327123 (till late).

To send an enquiry – complete the form below:

Andrew Saunders – profile, sanctions and legal opportunity

Andrew Saunders

Andrew Saunders claims to be qualified as a valuer and town planner.

It is not believed that Andrew has any qualifications in law.

Andrew Saunders
Andrew Saunders – an extract from his web profile.

Sanctions

In 2017, Andrew Gartrell of Orange lodged a complaint about the professional conduct of Andrew Saunders. The complaint had a number of aspects and concerned town planning advisory work carried out for the subdivision of Sunnyside, a small acreage on the outskirts of Orange and subsequent valuation works.

A copy of the complaint report can be viewed here: click here to view complaint.

The complaint was concerned by the Australian Property Institute with Andrew Saunders given the opportunity to defend himself, his conduct and otherwise.

A panel considered the complaint/s. The chair of the complaints committee was an accomplished Sydney Lawyer with expertise in the relevant fields: Chris Shaw – click here to view his profile.

A copy of the sanctions report may be viewed here – click image below or this link:

Sanction findings

The API disciplinary panel, amongst other things found:

A full copy of the sanctions report is available here – click link.

Appeal against Sanctions

The writer notes the following advice from the API that Andrew Saunders did not appeal the sanctions:

Qualifications in law?

It is noted in the sanctions report that Andrew Saunders effectively admitted he provided what amounts to legal advice to Andrew Gartrell. Andrew Saunders, it is believed, only has qualifications as a valuer and town planner (and not in law).

Below is an extract of the sanctions report containing the admission:

Advice on existing use rights is typically legal advice.

Legal opportunity

One of our related companies has bought legal proceedings against Saunders & Staniforth in the NSW District Court, alleging professional negligence.

Another associated party – Busifund – Legal Services Capital Trust – is accepting investments with an opportunity to share in the fruits of litigation against Saunders & Staniforth. The fund, Busifund – Legal Services Capital Trust presently (as at December 2020) has an information memorandum in the market and is accepting investments from sophisticated and wholesale investors only (e.g. superfunds and others complying with the definition of sophisticated and wholesale investors).

If you believe that you qualify as a sophisticated investors or wholesale clients and you’d like to consider an investment in the trust, a copy of the BUSiFUND Legal Services Capital Trust Information Memorandum – click here or click the instant messenger chat in the bottom right corner.

For a copy of the BUSiFUND Legal Services Capital Trust Information Memorandum – click here

For more information – chat with us live using our instant chat tools (bottom corners), book an appointment or call now on 1300-327123 (till late).

To contact us with any tip-offs, files or information about any person mentioned on this page – please use the instant chat tools – bottom right corner or the contact/tipoff form below:

Bargo Developments – profile

632 old northern rd dural photo

revised in part on 15 and 16 December 2020 by Mark Smith

Bargo Developments Pty Ltd (in liquidation) (“Bargo“) is a company owned by Craig Adams (“Craig“) who entered a confidential heads of agreement with Ralph Paligaru (“Ralph”).  Ralph is and was the Power of Attorney of Mohan Kumar with a registered power of attorney, the former vendor of the land. Bargo became the owner of 632 Old Northern Rd, Dural after Ralph exercised the Power of Attorney of Mohan Kumar to sell the land to Bargo – copy of front page of contract here – click link.

Bargo is now in liquidation, Craig is bankrupt and Ralph is the subject of, I believe, more than 1 judgment debt with a bankruptcy notice having been served. Unless DCP Litigation Holdings judgment debt is set aside or paid, Ralph may be subject to further court orders. More information on Ralph’s bankruptcy notice and circumstances can be found via the following link: click here.

A copy of the confidential heads of agreement between Craig and Ralph can be viewed here: click link.

Ralph assigned to DCP Litigation Holdings (on behalf of his boss Mohan Kumar) monies owed by Craig and Bargo to Kumar. DCP Litigation Holdings applied and was successful in having Bargo wound up pursuant to the debt arising under the assignment between Kumar and DCP Litigation Holdings. Click below to view the following documents:

Creditors Statutory demand upon Bargo pursuant to the Kumar debt assigned by Ralph to DCP Litigation.

Originating process to wind up Bargo

Affidavit of debt.

Judgment – windup of Bargo

For more information – chat with us live using our instant chat tools (bottom corners), book an appointment or call now on 1300-327123 (till late).

To contact us with any tip-offs, files or information about any person mentioned on this page – please use the instant chat tools – bottom right corner or the contact/tipoff form below:

Case study – real estate agent forges wife’s signature

DC Partners (Solutions) Pty Ltd working with a financier client recently uncovered evidence that the agent forged his wife’s signature to gain a financial advantage borrowing against his family home.

The agent was a well known agent from the Liverpool area of NSW.

The agent has since become personally bankrupt and the agency wound-up in insolvency.

The crimes were discovered in late 2019.

DC Partners (Solutions) Pty Ltd says the finding highlight the stress and financial pressure that estate agents can find themselves in and the lengths when persons are not thinking clearly that they might go to.

For more information – chat with us live using our instant chat tools (bottom corners), book an appointment or call now on 1300-327123 (till late).

To contact us with any tip-offs, files or information – please use the instant chat tools or form below:

What is a liquidator?

What is a liquidator

A liquidator is a person appointed, in the winding up of a corporation, to assume control of the company’s affairs and to discharge its liabilities in preparation for its dissolution.  The appointment of a liquidator may be done voluntarily (by the proprietors) or via the courts (usually upon the application of a creditor – very often the ATO using a creditors statutory demand).

The process of the liquidator conducting the affairs of the company and realising its assets is called liquidation.

The liquidator’s role is to ascertain the liabilities (and assets) of the company, convert its assets into money, terminate its contracts, dispose of its business, distribute the net assets to creditors and any surplus (which is rare) to the shareholders and/or proprietors.

The liquidator will extinguish the company, lawfully, as a corporation on the records of ASIC by formal dissolution.

In determining the assets of a company, it is the liquidator’s duty to determine whether particular assets under the company’s control are owned by the company or others – i.e. stock may be purchased subject to a retention of title, vehicles may be on a corporate hire purchase and secured via a PPSR.

BAP can assist company directors to structure their assets and affairs, if not insolvent, in such a fashion to provide lawful asset protection.  To discuss how we can help to structure your company’s affairs and assets to provide maximum asset protection, please click here to book an appointment, call 1300-327123 (1300-DCP123), or complete the below form.

Fiona Hall (packing her bags) – profile

Fiona Hall packing her bags

How does someone become a Nuffield Scholar?

… Get your bestie to write the application?  Well that was Fiona Hall’s idea.

First, in mid 2014 she enquired with me whether I’d write the application for her (I didn’t and I am not her bestie).

Shortly thereafter the application was written by Mr Andrew Borrodell Gartrell (at the time a friend), the rest is history. 

To see Fiona’s email to me click here, to see Fiona’s email to Gartrell click here.

Fiona, wife of Bernard, is not a director of any of the Bonny Glen companies and held no direct financial interest in those properties.

Fiona however is a joint shareholder and director of Caernarvon Cherry Pty Ltd and other related companies.

As at 8 November 2019, she does not own any direct interest in the Caernarvon homestead, Caernarvon orchard or Caernarvon shed.

Below is parts of the Hall’s family business structure and landholdings.

Hall family tree of businesses
Hall family tree of businesses

Below is Fiona’s speech at the Nuffield Australia National Conference 2016 via Youtube.

Here Fiona ‘champions’ access for growers to data.

It will be interesting to see Fiona’s approach and response to subpoenas – should they be issued – in the proposed class action by cherry growers.

Another video interview by Fiona discussing the need for farm profitability.  Caernarvon is well known as having delivered ‘bills’ to fruit growers who sent their fruit to Caernarvon to be packed and sold, i.e. the net return to the grower was negative after deducting Caernarvon’s packing and marketing costs and the fruit ‘sold’.  It is unclear whether Caernarvon has at all times complied with the Horticultural Code of Conduct?

If you have any comments or information about Bernard & Fiona Hall, we’d love to hear from you including any documents via the instant chats below, through the below form or by phone on 1300-327123.

For more information – chat with us live using our instant chat tools (bottom corners), book an appointment or call now on 1300-327123 (till late).

To contact us with any tip-offs, files or information – please use the instant chat tools or form below:

Divorce finance

Divorce-finance

DCP Capital has developed what it believes is a first.  It has developed a divorce finance solution it can tailor to ensure all parties to a property settlement get a fair deal.

The solution came about when reviewing the plight of divorcing ladies.  Unfortunately, in some cases, the ladies lacked the financial strength to achieve a just and equitable deal.  A fair deal.

Divorce can be an expensive process involving legal concepts and consuming emotions.

The emotional toll can be higher when a divorcee’s assets are being dealt with.

If you want to discuss getting a better deal in your divorce, call us to discuss our divorce funding litigation service – call anytime on 1300-327123.  Alternatively, have your lawyers call us to discuss proper funding.

To view related blogs, case notes or otherwise, follow the following category links and tags below.

ATO kills McGrath franchisee overnight … 

We’ve been researching the circumstances of a number of once successful real estate businesses which have recently gone into receivership, administration or closed.

One business, a McGrath franchisee with dozens of off the plan sales, a large rent roll and the backing of head office (seemingly), was killed by the ATO.

Another business, Castlecrag Realty Pty Ltd (receivers and managers appointed), trading as Stone Castlecrag is presently in receivership.  It is understood the owner was experiencing personal difficulties.

Our research, which we’d like to share with agents in competition, indicates some or all of each of these situations might have been avoided by more thoughtful structuring and asset protection arrangements.

The McGrath business was wound up, more or less overnight, by the ATO.

The Castlecrag business is seemingly in very real financial distress.

Business Asset Protection, applying the research these cases (and others) have uncovered, is offering free business structuring health checks for estate agencies – particularly in the current slow and falling market where finance is difficult to obtain, overheads are fixed and the present election cycles may be causing distress.

To arrange a free structuring health check call now on 1300-327123 or complete the below form.

What is insolvency?

Insolvency in general terms, as it relates to a corporation, is the inability to pay debts as and when they become payable.

A company is also insolvent if it is experiencing an ‘endemic shortage of working capital’ as opposed to a temporary lack of liquidity.

Determining the difference at a point in time during the corporation’s life is a question for a court to determine .

Indicators of insolvency include:

  • continuing losses,
  • no access to alternative finance,
  • the inability to raise further equity,
  • special arrangements with selected creditors,
  • solicitors’ letters or judgments issued against the company,
  • overdue taxes,
  • failure to keep books and records, etc.

The list is indicative and not exhaustive.

Companies experiencing any or all the above indicators should book a free consultation by clicking here then where we’ll provide you with company specific advice re insolvency in your instance.  Alternatively call us on 1300-327123 (till late) or complete the form below.

Deputy Commissioner of Taxation (i.e. the ATO) v GSFPA

(Work in progress, more details to follow on this page).

Call our hotline anytime if you’ve received a creditors statutory demand, have a debt to the ATO or need corporate structuring advice – on 1300-327123.

To view related blogs, case notes or otherwise, follow the following category links and tags below.