The Companies Auditors and Liquidators Disciplinary Board has suspended the registration of Perth liquidator, Mr Gary John Anderson, for three months following an application by the Australian Securities and Investments Commission (ASIC).
Mr Anderson practises under the name of Gary Anderson Chartered Accountant. ASIC's application related to Mr Anderson's administration of Flowtime Pty Ltd in 2004.
The CALDB found that Mr Anderson failed to adequately and properly carry out his duties as a liquidator in relation to the administration of Flowtime, and in particular, that Mr Anderson failed to:
- properly investigate Flowtime's affairs;
- provide an adequate report to the creditors; and
- properly form an opinion about what would be in the best interests of creditors.
The CALDB noted that there should have been a proper inspection of Flowtime's books and records, an independent assessment or valuation of the company's assets obtained, proper investigations into the validity and quantum of disputed claims and voidable transactions and insolvent trading. Further, the CALDB noted that limited resources or the small size of an administration do not limit an administrator's statutory investigation and reporting obligations in voluntary administrations.
In addition to the suspension order, the CALDB has required Mr Anderson to provide an undertaking that for each of the first six voluntary administrations to which he is appointed after the end of the suspension period, he will provide a written report prepared by a registered liquidator on the adequacy of his investigations, reports and statements prepared in relation to each administration. The registered liquidator is to be of ten years standing and to have no prior professional or personal relationship with Mr Anderson.
The CALDB also ordered Mr Anderson to pay 85 per cent of ASIC's costs.
Following an application by Mr Anderson, this matter is now under appeal at the Administrative Appeals Tribunal.
