Orders made in accordance with the document entitled Orders
1HIS HONOUR: Mr John Frederick Lord is a registered liquidator of long standing. He holds appointments as liquidator in Court ordered windings up, creditors' voluntary windings up and members' voluntary windings up. He is a partner of the accounting firm PKF. He is to resign as a partner on 31 October 2011 and intends to cease practising as an insolvency practitioner. He ceased accepting appointments as an external administrator on 30 April 2011. He intends to resign as liquidator of all companies in which he holds appointments. These are set out in the schedule to his affidavit in these proceedings sworn 11 August 2011.
2Mr Atle Crowe-Maxwell too is a registered liquidator. He has consented to fill the vacancies. In a number of cases Mr Crowe-Maxwell holds joint and several court appointments with Mr Lord. In those he will continue as sole liquidator. In the remainder he has consented to accept appointment.
3By Amended Originating Process filed today, orders are sought which will facilitate a changeover and which will take effect upon Mr Lord filing with the Registrar and lodging with ASIC memoranda of resignation in accordance with r 7.1 of the Supreme Court (Corporations) Rules 1999 (NSW). Through counsel, Mr Lord has undertaken to file those memoranda by 22 August 2011.
4Also sought are orders having the effect of extending or abridging the period for filing reports under s 539(1) of the Corporations Act 2001 (Cth) to avoid duplication of reports. This course was taken by Brereton J in Emerton Pty Limited v Referral Marketing Services Pty Ltd [2009] NSWSC 738. I intend to follow that course.
5I make orders in accordance with the document entitled Orders which I have initialled, dated today's date and placed with the papers. These orders are to be entered forthwith.
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Decision last updated: 18 August 2011