Key Milestones and Events
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Bentleys were appointed appointed as replacement Liquidators to the Octaviar case by the Queensland Supreme Court in September 2009.
This case encompasses creditors totalling in excess of $2.2 billion and a group structure of over 45 entities.
Key achievements since appointment include:
- Secured over $145 million in cash;
- Proceeded to wind up the group at large;
- Protected and proceeded to realise the “Sunkids” group of child care centres and related property interests;
- Commenced detailed investigations surrounding the demise of the group, the group’s solvency, and its operations in Cayman Islands, Dubai, and the US;
- Commenced public examinations of the company officers and key stakeholders;
- Appeared in the Appeals Court and High Court; and
- Defended and commenced various litigation matters.
As a result of our multidisciplinary approach to appointments, we have been able to act efficiently and swiftly to achieve tangible outcomes in a short period of time.
More details on key events since appointment follow:
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Secure Creditor Access
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June 2010
- Fifth meeting of Committee of Inspection members held on 29 June 2010
- Public Examinations of Directors of McLaughlins Financial Services Limited commenced on 15 June 2010 in Sydney
- Public Examination of David Anderson continued on 19 July 2010
- Significant progress with the Sunkids’ childcare business realisation
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May 2010
- Fourth meeting of Committee of Inspection members held on 26 May 2010
- Investigations are ongoing regarding the date of the insolvency of the Group, related party transactions and loan transaction verification
- Dividend to priority creditors has been postponed. Further work is required to ascertain which employees are entitled to receive a dividend
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April 2010
- The First Tranche of Public Examinations commenced on 12 April 2010 in Sydney. To date three (3) Octaviar executives have been examined
- The marketing campaign for the Sunkids’ childcare business has concluded. Preferred bidders have been notified and draft contracts issued to them. The process of moving towards signed contracts continues
- A recovery of the investment in GEO stapled securities has been completed
- Orders for Production of Books and Records issued to the financial advisors of the Octaviar group
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March 2010
- Meeting of Committee of Inspection members held on 9 March 2010
- Notice to priority creditors of intention to declare a dividend* was sent on 5 March 2010 with distribution made on or before 14 May 2010
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February 2010
- Marketing campaign commences for realisation of the Sunkids’ assets
- Production of documents in respect of Orders for Production
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January 2010
- Meeting of Committee of Inspection members held on 12 January 2010
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December 2010
- Meeting of Committee of Inspection members held on 1 December 2009
- Vacated Hicks Street, Southport office premises
- Public examination summons issued to directors and officers of Octaviar Administration Pty Limited (In Liquidation)
- Asset realisations total $128.1M as at 1 December 2010
- By 31 December 2009, Kate Barnet and William Fletcher appointed as joint and several liquidators to a further 11 entities within the Octaviar Group
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November 2009
- Commenced realisation of stapled securities held in GEO Property Group Limited
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October 2009
- Asset realisations total $124.8M as at 16 October 2009
- Meeting of creditors held on 16 October 2009 and Committee of Inspection members elected
- Proceedings commenced by ASIC , subject to the Court granting leave to proceed against Octaviar Limited (In Liquidation) and Octaviar Castle Pty Limited (In Liquidation)
- Commenced investigations
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September 2009
- Secured Group assets and books and records
- Met with key personnel within the Group, former liquidators, Deloitte and other key parties
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