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The tribunal has determined that a liquidator’s registration should be reinstated in a recent decision.
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AAT reinstates liquidator’s registration with conditions
10 April 2024
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The Administrative Appeals Tribunal has overturned a previous decision by a liquidator disciplinary committee to cancel the registration of liquidator Cameron Lindsay Duncan.
Duncan lived and worked in Singapore for over a decade but sought to retain his registration as a liquidator in Australia even though his practice focused on Singaporean and Indonesian clients.
ASIC raised concerns that his continued absence from Australia compromised his ability to continue working in Australia.
He provided ASIC with a written explanation about why he should remain to be registered as a liquidator given ASIC’s concerns about his knowledge and abilities.
The corporate regulator was still dissatisfied and a committee was convened to consider the issue.
Duncan appeared before the committee. He was questioned about aspects of his current knowledge of insolvency practice in Australia.
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The committee decided to cancel his registration under s 40-55 of the Schedule. Duncan asked the tribunal to review that decision.
In its determination, the tribunal found that Duncan did have adequate knowledge and experience to remain registered as a liquidator.
“Duncan’s performance in the witness box demonstrated proficiency in areas of knowledge where the committee had previously found him deficient,” the AAT stated.
The tribunal set aside the decision cancelling Mr Duncan’s registration and restoring it subject to conditions that relate to residency.
One of the conditions is that he can only accept Australian appointments on a joint and several basis with an Australian registered liquidator.
He must also retain an Australian solicitor to accept service on his behalf of court documents, statutory notices and or directions, and comply with such notices or directions.
If Duncan is overseas but is required to be present in Australia by either a Court or by ASIC, he is also required to return to Australia within seven days or as agreed by ASIC.
“If Duncan is unable to return, he will make himself available by video or other visual electronic means,” the tribunal said.
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