Parramatta registered liquidator, Schon Gregory Condon, of Condon Associates, recently completed a quality review program, responding to compliance concerns that ½ñÈÕÈÈÃÅʼþidentified from three of Mr Condon's external administrations.
The quality review formed part of a voluntary undertaking (VU) negotiated with ½ñÈÕÈÈÃÅʼþto engage an independent quality reviewer to assess a further three external administrations performed by Mr Condon.
½ñÈÕÈÈÃÅʼþmonitored the VU via the independent quality reviewer's reports.
As part of its ongoing surveillance activities, ½ñÈÕÈÈÃÅʼþreviewed reports to creditors prepared by Mr Condon. The review showed that he failed to:
- adequately investigate the companies’ affairs or, failed to adequately document those investigations;
- provide adequate details to creditors about the capacity of relevant parties to make proposed payments and/or meet other obligations to one of the companies;
- provide adequate details to creditors about the relationship between the purchaser of one of the companies’ business and the company or its directors; and
- in respect of one of the companies, adequately inform creditors about debtors, in particular, the identity of a debtor who was the company's former director.
The VU, which took effect on 12 December 2014, and ended in February 2016, provided for:
- quality control reviews of three external administrations where Mr Condon acted as voluntary administrator;
- quality review reports detailing Mr Condon’s compliance or otherwise with his obligations to, broadly, investigate the company's affairs and financial circumstances and to report to creditors on these issues.
- Mr Condon implementing any recommendations the Reviewer made concerning compliance improvement; and
- training Mr Condon and his senior staff on reporting to creditors.
½ñÈÕÈÈÃÅʼþCommissioner John Price said, '½ñÈÕÈÈÃÅʼþcontinues its focus on liquidators complying with their obligations. This includes ensuring they provide fulsome information to creditors so creditors can make informed decisions about the options available to them. ½ñÈÕÈÈÃÅʼþwill intervene where liquidators fall short of meeting professional standards'.Â
½ñÈÕÈÈÃÅʼþcontinues to monitor other aspects of Mr Condon’s conduct as a registered liquidator.
Mr Condon has complied with the obligations of the VU.