Fighting for Subbies Rights
For the public record
Dear new potential Bloomer Constructions Liquidator
As we already know, Bloomer Constructions are in Administration.
Tomorrow in the Court process, some Bloomer Suppliers are attempting to have a Liquidator appointed to Bloomer Constructions subject to their Windup Application.
Solicitors acting for one of the applicants have identified a Brisbane Liquidation Firm to take the appointment. If their windup action is successful, that company will be the new liquidator of Bloomer Constructions.
As a member of ARITA, can the new potential Liquidation company confirm that no legal practitioner of the applicant will be engaged if the company is placed into Liquidation?
We draw your attention to section 6.6 of the ARITA code:
A Practitioner must not accept any referral that contains, or is conditional upon:
• the giving or receiving of referral commissions, inducements or benefits;
• the giving or receiving of spotter’s fees;
• the giving or receiving of recurring commissions;
• understandings or requirements that work in the Administration will be given to the referrer; or
• any other such arrangements that restrict the proper exercise of the Practitioner’s judgment and duties.
Having discussed this amongst a group of creditors and as a creditor of Bloomers myself, given the current circumstances and in our view, the engagement of the Applicants lawyers for Liquidation work in claw backs of potential preferential payments would not only be self serving, but an abuse of process on both parties.
Please confirm that your companies position is in line with the ARITA Code by emailing us at support@subbiesunited.com.au.
