1. Circular to creditors-first meeting -AW 27 October 2016 Home Australia Pty Ltd ACN 075 303 767 Ashford Homes Pty Ltd ACN 009 217 976 Nationwide Australian Investments Pty Ltd ACN 077 009 226 Smart Road Property Rentals Pty Ltd ACN 008 038 024 (All In Liquidation) (collectively “the Companies”) Circular to Creditors I advise that Barry Kogan and I were appointed Joint and Several Liquidators of the Companies on 17 October 2016. Meeting of creditors A meeting of creditors must be convened within 11 days of my appointment. The meetings for the Companies will be held concurrently at Travelodge Southbank, Eureka Meeting Room, 9 Riverside Quay, Southbank, Victoria on Thursday, 3 November 2016 at 9:30AM. Registration for the meetings will open at 8:45AM. Accordingly, I attach for the Companies: a statutory notice convening the meeting (Form 529); a Summary of Affairs (Form 509) provided by the Director; a list of creditors; information for attending and voting at a meeting of creditors; a Proof of Debt form (Form 535), along with an information sheet to assist you to complete the form; and a Proxy form (Form 532) and instructions. Attendance and voting requirements Creditors who intend to vote at the meeting are requested to lodge a proof of debt with us prior to the meeting. Creditors who are unable to attend the meeting and wish to be represented, should ensure that either a proxy form, power of attorney or evidence of appointment of a company representative pursuant to section 250D of the Corporations Act 2001 (“the Act”) is validly completed and provided to us prior to the meeting. If a faxed copy of a proxy or power of attorney is provided to us prior to the meeting, the original of the instrument must be received within 72 hours of receipt of the faxed copy. Alternatively, proxy forms can be emailed to [email protected]. Proxy forms lodged via email must be validly executed by signing and scanning the completed form. Corporate creditors who wish to attend the meeting should note that they may only be represented by an individual if that person is validly granted a proxy or power of attorney by that corporation, or appointed as a company representative pursuant to section 250D of the Act.
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Ashford Homes Pty Ltd ACN 009 217 976 Nationwide ... · 11/3/2016 · 17 October 2016. Meeting of creditors A meeting of creditors must be convened within 11 days of my appointment.
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General Information for Attending and Voting at Meetings of Creditors
Time and Place of Meeting
Pursuant to Corporations Regulation (“Regulation”) 5.6.14 a meeting of creditors must be convened at a time and place most convenient for the majority of creditors entitled to receive notice of the meeting.
Quorum
Pursuant to Regulation 5.6.16 a meeting must not act for any purpose except:
– the election of a chairperson; and
– the proving of debts; and
– the adjournment of the meeting:
unless a quorum is present.
A quorum is deemed to be present if at least 2 (two) creditors are present at the meeting in person, by
proxy, by power of attorney or participating by telephone.
A meeting is sufficiently constituted if only one person is present in person if the person represents
personally or by proxy or otherwise a number of persons sufficient to constitute a quorum.
Chairperson
Pursuant to Section 497(8) of the Corporations Act 2001, the creditors may appoint one of their number or the director who attends the meeting as Chairperson of the meeting.
Voting
Pursuant to Regulation 5.6.23 creditors will not be eligible to vote at the meeting unless they have lodged
particulars of their debt or claim prior to or at the meeting.
Accordingly, creditors who intend to vote at the meeting should ensure that they lodge a formal proof of
debt with the company prior to or at the meeting.
Pursuant to Regulation 5.6.19 all resolutions put to the meeting will be decided on the voices unless a poll
is demanded, before or on the declaration of the result of the voices.
A poll may be demanded by:
– the chairperson; or
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– at least 2 (two) persons present in person, by proxy, by power of attorney or participating by
telephone and entitled to vote at the meeting; or
– a person present in person, by proxy, by power of attorney or participating by telephone and
representing not less than 10% of the total voting rights of all persons entitled to vote at the
meeting.
Pursuant to Regulation 5.6.21, should a poll be demanded:
– a resolution will be carried if a majority in number and a majority in value vote in favour of the
resolution; and
– a resolution will be lost if a majority in number and a majority in value vote against the proposed
resolution.
In the event of a deadlock, the chairperson may exercise a casting vote. In such situations, the minutes of the meeting must specify the chairperson’s reasons for exercising, or not exercising, their casting vote.
Proxies
Pursuant to Regulation 5.6.28 creditors who are entitled to attend and vote at the meeting may appoint a
natural person over the age of 18 years as their proxy to attend and vote at the meeting on their behalf.
Accordingly, creditors who are unable to attend the meeting but who wish to be represented should ensure that a validly executed proxy form is lodged with the company prior to or at the meeting.
Pursuant to Regulations 5.6.28 and 5.6.36A creditors may lodge a facsimile copy of a proxy form with the
company prior to the meeting, however, the original of the instrument must be received by the company
within 72 hours of receipt of the faxed copy.
Pursuant to Regulations 5.6.28, 5.6.29 and 5.6.31 creditors may lodge a proxy form with the company prior
to the meeting by electronic means, however electronic lodgement will only be possible where the
convenor has specified an electronic address or other electronic means on the proxy form. Proxy forms
lodged via electronic means must be validly executed by signing and scanning the form.
Pursuant to Regulation 5.6.32 a person may, should they so desire, appoint the Chairperson by name or by
reference to his or her office to act as his, her or its general or special proxy.
Pursuant to Regulation 5.6.33 special proxies, but not general proxies, can be used to vote in favour of any
resolution that would directly or indirectly place the holder of the proxy (or any partner or employee of
that person) in a position to receive any remuneration out of the assets of the company, except as an
ordinary unsecured creditor.
Corporate Creditors
Corporate creditors who wish to attend the meeting should note that they may only be represented by an individual if that person is validly granted a proxy or power of attorney by that corporation.
Alternatively, Section 250D of the Corporations Act 2001 provides that a corporation may, by resolution of its board, provide a standing authority for a specified person to represent the corporation at specified meetings of creditors. A copy of any such resolution should be provided to the company prior to or at the meeting.
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Committee of Inspection
Pursuant to Section 548 of the Corporations Act 2001, a person may only serve as a member of a Committee of Inspection if the person is:
a creditor or contributory of the company personally; or
the attorney of a creditor or contributory under a general power of attorney; or
authorised in writing by a creditor or contributory.
Corporate creditors who are members of a Committee of Inspection may be represented by:
an officer or employee of the member; or
an individual authorised in writing by the member to represent the member on the committee.
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*Strike out this section if this proof is made by the creditor personally.
Australian Company Number: 075 303 767
FORM 535
Subregulation 5.6.49(2)
Corporations Act (2001)
FORMAL PROOF OF DEBT OR CLAIM
(GENERAL FORM)
To the Liquidators of Home Australia Pty Ltd (In Liquidation)
1. This is to state that the company was on 17 October 2016 (date of court order in winding up by the Court, or date of
resolution to wind up, if a voluntary winding up), and still is, justly and truly indebted to:
a creditor/member of Home Australia Pty Ltd (In Liquidation) appoint
(2)______________________________________________________________________________________________________ or in his/her absence
__________________________________________________________________________________________________________ as my/our general proxy to vote at the meeting of creditors to be held concurrently on 3 November 2016 at 9:30AM or at any adjournment of that meeting.
DATED this ___________ day of ________________________ 2016
(3) Signature ___________________________________
CERTIFICATE OF WITNESS - only complete if the person given the proxy is blind or incapable of writing.
I, ________________________________________________ of _________________________________________________________________________
certify that the above instrument appointing a proxy was completed by me in the presence of and at the request of
the person appointing the proxy and read to him before he attached his signature or mark to the instrument.
DATED this ___________ day of ________________________ 2016
Signature of witness ___________________________________
Description ___________________________________
Place of residence ___________________________________
___________________________________
Notes:
(1) If a firm strike out "I" and set out the full name of the firm. (2) Insert the name of the person appointed. (3) If the creditor is a sole trader, sign in accordance with the following example: “A.B., proprietor”. If the creditor is a partnership, sign in accordance with the following example: “A.B., a partner of the said firm.” If the creditor is a company, then the form of proxy must be under its Common Seal or under the hand of some officer duly
authorised in that capacity, and the fact that the officer is so authorised must be stated in accordance with the following example: “for the company, A.B.” (duly authorised under the Seal of the Company).
Proxy forms should have been completed and returned by no later than 4:00PM (AEDT) on 2 November 2016 to
be eligible to vote at the meeting.
RETURN TO: Home Australia Pty Ltd (In Liquidation) C/- McGrathNicol, GPO Box 9986, Melbourne VIC 3001 Phone: +61 3 9038 3100 Fax: +61 3 9038 3199
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Proxy
Notes for your Guidance
Insert full name and address of creditor, contributory or member on the top line.
On the second line, insert the name of the person you appoint as your proxy. You may insert “the
Chairperson of the meeting” if you wish.
On the next line insert the organisation the proxy holder represents or works for (not required if the
Chairperson is your proxy).
You may appoint an alternate proxy on the fourth line who may act if your first appointed proxy cannot
attend the meeting. You may insert “the Chairperson of the meeting” if you wish.
If the proxy is a general proxy the form requires no addition.
If the proxy is a special proxy the form must include instructions regarding the use of the proxy (i.e. details
of the resolution and whether the proxy holder is to cast a vote in favour or against the resolution or
abstain from voting).
Date and sign the Proxy form using one of the following various forms of execution:
Sole Trader - Sign the proxy yourself.
Partnership - e.g. sign – “Smith & Associates
Per John Smith - Partner”
Company - (i) By a director or secretary, e.g. “J Smith – Director”.
(ii) By a person duly authorised to sign on behalf of the company, e.g.
“Smith & Sons Pty Ltd. ACN: ______________
Per: J Smith
A person duly authorised to sign on the company’s behalf”.
OR
“Smith & Sons Pty Ltd. ACN: ______________
By its duly constituted attorney J Smith”.
NB: If signing on behalf of a company the following example is not
sufficient:
”Smith & Sons Pty Ltd. ACN: _______________
Per: J Smith”
“Certificate of Witness” is only to be used where the Proxy is being completed on behalf of a person who is
blind or incapable of writing. In all other cases a witness to the signature of the person appointing the
Proxy is not required and you may ignore the section headed “Certificate of Witness”.
Home Australia Pty Ltd (In Liquidation) ACN 075 303 767 Liquidators’ remuneration report to creditors 27 October 2016
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Liquidators’ remuneration 1
Liquidators’ remuneration can only be fixed by resolution of a committee of inspection, the company’s creditors or by
application to the Court.
In accordance with Section 449 of the Act and the ARITA Code of Professional Practice, a Schedule of Remuneration
Methods and Hourly Rates has been attached for creditors’ reference.
In this section, the Liquidators outline the work undertaken by the Liquidators and their staff for the period from the
commencement of the liquidation to 24 October 2016. The Liquidators intend to seek creditor approval of their
remuneration totalling $5,991.46 incurred during the period from the commencement of the liquidation to
24 October 2016 at the upcoming meeting of creditors.
Declaration 1.1
We, Matthew Caddy and Barry Kogan of McGrathNicol, have undertaken a proper assessment of this remuneration claim
for our appointment as Liquidators of Home Australia Pty Ltd in accordance with the law and applicable professional
standards. We are satisfied that the remuneration claimed is in respect of necessary work, properly performed, or to be
properly performed, in the conduct of the Liquidation.
Summary 1.2
To date no remuneration has been approved or paid in this liquidation. This remuneration report details approval sought
for the following fees:
Period Report
reference
Amount
(ex GST)
Remuneration approval sought:
Resolution 1: 17 October 2016 – 24 October 2016 (actual) 1.3 $5,991.46
Resolution 2: From 25 October 2016 onwards 1.4 $50,000.00
Total actual and estimated Liquidators remuneration* $55,991.46
* Approval for the future remuneration sought is based on an estimate of the work necessary to perform the Liquidators’
duties. If additional work is necessary beyond what is contemplated, a further report will be provided and approval
sought from creditors. If the work undertaken is less than the estimated amount, the lesser amount will be paid.
Please refer to the report section references detailed in the above table for full details of the calculation and composition
of the remuneration approval sought.
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Remuneration incurred from date of appointment to 24 October 2016 (actual) 1.3
The following resolution will be proposed at the meeting of creditors convened for 3 November 2016:
“That the remuneration of the Liquidators, their partners and staff, for the period from 17 October 2016 to
24 October 2016, calculated on hours spent at the rates detailed in the Schedule of Remuneration Methods and
Hourly Rates provided to creditors, in the amount of $5,991.46 (exclusive of GST), is hereby approved for payment.”
A description of tasks performed is set out below and a schedule of fees during this remuneration period is detailed at
Appendix A of this report.
General description Task area Includes
Asset realisation
1.2 hours
$365.21 (ex GST)
Assets Identifying assets.
Securing assets.
Conducting and reviewing asset searches.
Creditors
2.6 hours
$1,526.86 (ex GST)
Meetings Preparing and reviewing meeting materials for first meeting
of creditors.
Organising meeting logistics including booking venue.
Compiling and reviewing creditors’ listings.
Secured creditors Liaising with secured creditors regarding various matters.
Negotiating and reviewing secured lender funding deed.
Liaising with legal advisors in relation to funding deed.
Unsecured creditors Issuing circular to creditors.
Compiling unsecured creditor analysis.
Liaising with unsecured creditors.
PPSR Reviewing and analysing PPSR registrations.
Communicating with each party claiming a security interest.
Dealing with PPSR claims.
Sale of business
3.5 hours
$1,822.08 (ex GST)
Sale of business
Internal meetings regarding sale strategy.
Preparing sale advertisement.
Obtaining and reviewing information regarding pre-appointment sale process.
Preparing and reviewing interested party register.
Preparing, compiling, reviewing and issuing sale materials and data pack.
Liaising with interested parties.
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General description Task area Includes
General
administration
5.2 hours
$2,277.30 (ex GST)
Statutory
1.9 hours
$758.38 (ex GST)
Preparing and lodging statutory forms including Form 505 (appointment), Form 525 and Form 5011.
Reviewing and issuing RATA pack to Director.
Preparing Liquidators’ DIRRI.
Notifying the ATO of Liquidators’ appointment.
Preparing and issuing notifications to statutory bodies of Liquidators’ appointment.
Strategy and
administration
2.2 hours
$1,130.57 (ex GST)
Determining project strategy.
Internal meetings on strategy and actions required.
Meetings with Management and Director.
Liaising with legal advisor.
Reviewing media statement.
Reviewing media enquiries and liaising with media advisor.
File maintenance and managing correspondence.
Maintaining checklists and task lists.
Collecting documentation.
Banking
0.2 hours
$68.86 (ex GST)
Issuing notification of appointment to banks.
Opening Liquidators’ bank account.
Insurance
0.9 hours
$305.21 (ex GST)
Notifying insurance broker of appointment.
Liaising with insurance broker regarding various queries.
Liaising with Management regarding insurance policies.
Reviewing insurance policy documents.
Books and records
0.03 hours
$14.29 (ex GST)
Reviewing books and records.
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Future works to be completed - Liquidation 1.4
At the meeting of creditors, the Liquidators will put a resolution to creditors for approval of prospective Liquidators’ fees
capped to $50,000.00 (excluding GST) for the period from 25 October 2016 onwards (as described in the resolution below).
Creditors should note that the proposed liquidation fees are in addition to the fees outlined in section 1.3.
The following resolution will be proposed at the meeting of creditors convened for 3 November 2016:
“That the prospective remuneration of the Liquidators, to the maximum amount of $50,000.00 (excluding GST),
calculated on hours spent at the rates detailed in the Schedule of Remuneration Methods and Hourly Rates provided
to creditors, for the period from 25 October 2016 until the work undertaken in the estimation of remuneration is
complete, or the time charges for work undertaken exceeds the capped fee amount (whichever occurs first).
Creditors acknowledge that if actual costs incurred are below the amount approved, the Liquidators are only
authorised to draw the amount incurred. Creditors also acknowledge that if actual costs incurred exceed the
amount approved, the Liquidators will seek further approval from creditors.
The Liquidators are approved to draw their remuneration as and when it is incurred from funds under their control.”
The estimate of work to be done by the Liquidators and their staff is set out in the table below.
Task area General description Includes
Asset realisation Assets Realisation of assets.
Closure of business Other Manage exit of leased office premises, including securing
and transferring all company records offsite.
Sale of business Sale of business Liaise with interested parties via phone and email regarding
offers to purchase certain assets of the company.
Assess offers received from interested parties and determine appropriate realisation strategy.
Complete sale contract with purchaser(s) (if applicable).
Investigations
Assessment Reconstruct profit and loss position to assess potential date
of insolvency.
Consider any potential insolvent trading claims against Director.
Prepare and finalise Liquidator report to ASIC under s533 of the Act.
Review and consider the manner in which the company officers discharged their fiduciary duties.
If required, commence proceedings against company officers for failure to discharge fiduciary duties.
Consider any potential voidable transactions.
Consider any additional information made available to the Liquidators following the meeting of creditors.
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Task area General description Includes
Creditors
Creditor enquiries Liaise with creditors regarding claims and submission of
POD’s.
Provide creditors with updates regarding the Liquidation generally.
Reviewing and preparing correspondence to creditors and their representatives via email and post.
Meeting of Creditors Preparing for and attending the meeting of creditors,
including preparing the meeting circular, notices, proxies, and advertisements.
Forwarding notice of creditors meeting to all known creditors.
Book meeting room and set-up teleconference details for meeting of creditors.
Preparing meeting file including Chairman’s notes, agenda, certificate of postage, attendance register, list of creditors, and advertisement of meeting.
Convening the meeting of creditors to be held on 3 November 2016.
Prepare and record minutes of meeting and lodge same with ASIC.
General
administration
Statutory Liaise with ATO and ASIC.
Prepare and submit quarterly BAS returns.
Prepare and submit six monthly returns to ASIC.
Maintain project checklists.
Strategy and admin Attending internal discussions and planning in relation to the
liquidation.
Filing of documents and file management.
Updating checklists.
Banking Monitoring cash position.
Preparing and authorising receipt and payment vouchers.
Prepare and review of bank reconciliations.
Insurance Arrange for insurance policies for company assets.
Liaise with insurance broker to determine if a notification of should be made under the D&O policy.
Books and records Arrange for storage of books and records.
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APPENDIX A: Liquidators’ schedule of actual remuneration to 24 October 2016
Home Australia Pty Ltd (In Liquidation) - Fees
Position Total hours Total fees $ Creditors Statutory
Director Generally, Chartered Accountant or comparable relevant
qualification and degree qualified with more than nine years
of experience. Autonomously leads insolvency appointments
reporting to Appointee/Partner.
$550
Senior Manager Generally, Chartered Accountant or comparable relevant
qualification and degree qualified with more than seven years
of experience. Self-sufficiently conducts small to medium
insolvency appointments and leads major workstreams in
larger matters.
$500
Manager 1 Generally, Chartered Accountant or comparable relevant
qualification and degree qualified with more than six years of
experience, including two years of Manager 2 or equivalent
experience. Self-sufficiently conducts small to medium
insolvency appointments and takes a supervisory role on
workstreams in larger matters.
$490
Manager Generally, Chartered Accountant or comparable relevant
qualification and degree qualified with more than five years of
experience. Self-sufficiently conducts small insolvency
appointments and takes a supervisory role on workstreams in
larger matters.
$475
Assistant Manager Generally, Chartered Accountant or comparable relevant
qualification and degree qualified with more than three years
of experience. Autonomously manages workstream activity
within appointments.
$430
Senior Accountant 1 Generally, degree qualified and undertaking Chartered
Accountant’s qualification or comparable relevant qualification
with more than two years of experience, including one year of
Senior Accountant or equivalent experience. Completes
multiple tasks within workstreams and appointments.
$395
Senior Accountant Generally, degree qualified and undertaking Chartered
Accountant’s qualification or comparable relevant qualification
with more than 16 months of experience. Completes tasks
within workstreams and appointments under supervision.
$375
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Title Guide to qualifications and role Hourly rate
(excl GST)
Accountant 1 Generally, degree qualified and undertaking Chartered
Accountant’s qualification or comparable relevant qualification
with at least one year of Accountant or equivalent experience.
Assists with tasks within workstreams and appointments under
supervision.
$325
Accountant Generally, degree qualified and undertaking or about to
undertake Chartered Accountant’s qualification or comparable
relevant qualification with less than one year of experience.
Assists with tasks within workstreams and appointments under
supervision.
$275
Undergraduate/ Cadet Undertaking relevant degree. Assists with tasks within
workstreams and appointments under supervision. $190
Practice Services
Director
National Practice Service leaders, generally degree qualified
with more than ten years of experience and reporting directly
to partners. Technical experts in their specific areas and have
team management responsibilities.
$580
Senior Practice
Services
Senior technical, professional or functional expert in national
Practice Services. Generally degree qualified with more than
seven years of experience. Reports to Practice Service leader
and may be responsible for team management.
$410
Senior Client
Administration and
Senior Treasury
Appropriately experienced and undertakes senior level
administrative support activities or senior Treasury activities.
May be responsible for day to day management of projects or
operations and may have supervisory responsibility for junior
staff.
$210
Client Administration
and Treasury
Appropriately experienced and undertakes support activities,
including but not limited to Client administration, Treasury
and document management functions.
$160
McGrathNicol reviews its hourly rates six monthly. The hourly rates quoted above remain in force until 31
December or 30 June (whichever occurs first) and McGrathNicol may increase fees for work continuing past
that date.
Creditors will be advised of any change to the hourly rates for this liquidation.
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Disbursements 4
There are three categories of disbursements which may be charged:
Externally provided professional services – these are on-charged at cost. An example of an
externally provided professional service disbursement is legal fees.
Externally provided non-professional costs – such as travel, accommodation, external printing
services and search fees – these are on-charged at cost.
Internal disbursements – such as photocopying, printing and postage. These disbursements are
generally charged at cost but may include, in the case of disbursements such as such as telephone
calls, photocopying and printing, both direct variable and fixed costs. For example the rate per
page for printing includes a reasonable and commercial allowance for paper, toner, depreciation,
power and maintenance).
Creditor approval is not required for disbursements. However, details of the basis of recovering internal
disbursements in this liquidation are provided below and full details of actual costs incurred and to be
charged to the liquidation will be provided in future reports.
Basis of Disbursement Claim 4.1
Internal Disbursements Rate
(Excl GST)
Advertising At cost
Courier At cost
Printing- black and white $0.09 per page
Printing- Colour $0.28 per page
Postage At Cost
Stationery and other incidental disbursements At Cost
Staff per diem travel allowance* $89.00 per day
Staff vehicle use $0.63 per km
Telephony – mobile, fixed line and conference calls At cost
* Payable when partners or staff are required for business purposes to stay away from their usual place of
residence overnight.
Home Australia Pty Ltd (In Liquidation) and its wholly owned subsidiaries as detailed in Schedule A
(collectively “Home Australia”)
The Corporations Act 2001 and professional standards require the Practitioners appointed to an insolvent entity to
make a declaration as to:
their independence generally; A.
relationships, including B.
the circumstances of the appointment; (i)
any relationships with the company and others within the previous 24 months; (ii)
any prior professional services for the company within the previous 24 months; (iii)
that there are no other relationships to declare; and (iv)
any indemnities given or up-front payments made to the Practitioner. C.
This declaration is made in respect of ourselves, our partners and the firm McGrathNicol, which for the purpose of
this declaration includes the McGrathNicol Partnership, the McGrathNicol Advisory Partnership, and McGrathNicol
Services Pty Limited.
Independence A.
We, Matthew Caddy and Barry Kogan of the firm McGrathNicol (“the Liquidators”) have undertaken a proper
assessment of the risks to our independence prior to accepting the appointment as liquidators of Home Australia in
accordance with the law and applicable professional standards. This assessment identified no real or potential risks
to our independence. We are not aware of any reasons that would prevent us from accepting this appointment.
Declaration of Relationships B.
Circumstances of appointment (i)
On 25 August 2016, Matthew Caddy and David Barnaby of McGrathNicol met with the sole director of Home
Australia entities (Robert Day) and the former interim CFO/COO with the intention of discussing the financial
position of Home Australia. This meeting was adjourned following a brief introduction as its purpose was
superseded by an immediate financing option to be further explored by the director.
On 9 September 2016, the meeting between Matthew Caddy, the director and the former interim CFO/COO was
reconvened to discuss the financial position of Home Australia.
From 11 October 2016 until the date of appointment, Matthew Caddy had a number of phone calls with the
director for the purposes of:
obtaining sufficient information about Home Australia to understand its current financial position;
clarifying and explaining to Home Australia and the director the various options available to the companies
and the nature and consequences of insolvency appointments; and
Matthew Caddy and Barry Kogan of McGrathNicol providing consents to act.
No remuneration was received for participating in these discussions and meetings.
We believe that these meetings do not result in a conflict of interest or duty because:
the Courts and ARITA’s Code of Professional Practice specifically recognise the need for practitioners to
provide advice on the insolvency process and the options available and do not consider such advice results
in a conflict or is an impediment to accepting the appointment;
the nature of the limited scope advice provide to the Home Australia is such that it would not be subject to
review and challenge during the course of the liquidations; and
the pre-appointment advice will not influence our ability to be able to fully comply with the statutory and
fiduciary obligations associated with the liquidations of Home Australia in an objective and impartial
manner.
Declaration of Independence,
Relevant Relationships and Indemnities
2
We have provided no other information or advice to Home Australia or Mr Day prior to our appointments beyond
that outlined in this DIRRI.
Relevant Relationships (excluding professional services to the Insolvent) (ii)
We, or a member of our firm, have or have had within the preceding 24 months, a relationship with:
Name Nature of relationship Reasons
National Australia Bank Limited (“nab”)
nab holds a charge on the whole or substantially the whole of the property of Home Australia. McGrathNicol undertakes corporate recovery and advisory work from time to time on instructions from nab.
We believe this relationship does not result in a conflict of interest or duty because each professional engagement undertaken for nab in relation to a particular entity or group of entities is conducted on an entirely separate basis which has no connection with these appointments. These engagements are only commenced after full regard is given to potential conflicts of interest in relation to all interested stakeholders. No work has been undertaken for nab in relation to any of the Home Australia companies. Given the above, our independence in acting as Liquidators of Home Australia has not been compromised.
Prior professional services to the Insolvent (iii)
Neither we, nor our firm, have provided any professional services to Home Australia in the previous 24 months.
No other relevant relationships to disclose (iv)
There are no other known relevant relationships, including personal, business and professional relationships, from
the previous 24 months with Home Australia, an associate of Home Australia, a former insolvency practitioner
appointed to Home Australia or any person or entity that currently has security over the whole or substantially the
whole of Home Australia’s property and should be disclosed.
Indemnities and Up-front Payments C.
We have not been indemnified in relation to the Home Australia liquidations, other than any indemnities that we
may be entitled to under statute and we have not received any up-front payments in respect of our remuneration
or disbursements.
Appointments to Members of a Corporate Group D.
As listed on Schedule A of this Declaration, the Liquidators have been appointed as liquidators to eight entities
within the Home Australia group of companies.
We are of the view that the appointment to the group of companies will have significant benefits to the conduct of
the Liquidations, particularly in that this will provide for cost-savings and enable an accurate as possible view to be
obtained of the activities and financial position of the companies as a whole. We are aware that there were inter-
company transactions within the group. At the time of our appointment, we were not aware of any conflicts of
interest between the group companies. Should such a conflict arise, we will keep creditors informed and take
1 If the circumstances change or new information is identified, we are required under the Corporations Act 2001 and the
ARITA Code of Professional Practice to update this Declaration and provide a copy to the creditors/committee of
creditors with our next communication, as well as table a copy of any replacement Declaration at the next meeting of the
insolvent’s creditors/committee of creditors.
2 Any relationships, indemnities or up-front payments disclosed in the DIRRI must not be such that the Practitioner is no
longer independent. The purpose of components B and C of the DIRRI is to disclose relationships that, while they do
not result in the Practitioner having a conflict of interest or duty, ensure that creditors are aware of those relationships
and understand why the Practitioner nevertheless remains independent.
Please note that the presentation of the above information is in accordance with the standard format suggested by ARITA.
Important note: The information sheets contain a summary of basic information on the topic. It is not
Insolvency information for directors, employees, creditors and shareholders ASIC has 11 insolvency information sheets to assist you if you’re affected by a company’s insolvency and have little or no knowledge of what’s involved.
These plain language information sheets give directors, employees, creditors and shareholders a basic understanding of the three most common company insolvency procedures—liquidation, voluntary administration and receivership. There is an information sheet on the independence of external administrators and one that explains the process for approving the fees of external administrators. A glossary of commonly used insolvency terms is also provided.
The Insolvency Practitioners Association (IPA), the leading professional organisation in Australia for insolvency practitioners, endorses these publications and encourages its members to make their availability known to affected people.
List of information sheets • INFO 41 Insolvency: a glossary of terms • INFO 74 Voluntary administration: a guide for creditors • INFO 75 Voluntary administration: a guide for employees • INFO 45 Liquidation: a guide for creditors • INFO 46 Liquidation: a guide for employees • INFO 54 Receivership: a guide for creditors • INFO 55 Receivership: a guide for employees • INFO 43 Insolvency: a guide for shareholders • INFO 42 Insolvency: a guide for directors • INFO 84 Independence of external administrators: a guide for creditors • INFO 85 Approving fees: a guide for creditors
Getting copies of the information sheets To get copies of the information sheets, visit ASIC’s website at www.asic.gov.au/insolvencyinfosheets. The information sheets are also available from the IPA website at www.ipaa.com.au. The IPA website also contains the IPA’s Code of Professional Practice for Insolvency Professionals, which applies to IPA members.
a substitute for legal advice. Some provisions of the law referred to may have important exceptions or qualifications. These documents may not contain all of the information about the law or the exceptions and qualifications that are relevant to your circumstances. You will need a qualified professional adviser to take into account your particular circumstances and to tell you how the law applies to you.