Q1 HOMES QUIZZED ON RELIANCE OF ‘FUTURE WORK’
When companies collapse, there are often investigations into their recent finances to understand what happened to lead to their insolvency. On October 1st, Queensland One Homes was under scrutiny in Brisbane’s Federal Court, which collapsed in 2017 with over $5.8 million in debt. Menzies Advisory has been working with Q1 Homes since 2017 as their appointed liquidator.
The original article was published on 1st October 2019 in The Courier Mail Digital Edition. To subscribe, visit https://www.couriermail.com.au/.
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Q1 Homes quizzed on reliance of ‘future work’
Queensland One Homes remained solvent the year before its collapse despite mounting debts and a heavy reliance on the value of “future work” to maintain its building licence.
That was the testimony of Q1 Homes sole director Paul Callender who appeared in the Federal Court in Brisbane yesterday for the first day of a fiveday public hearing into the collapse of the Gold Coast company.
Q1 Homes collapsed in 2017 owing more than $5.8 million to creditors, including more than 130 tradies.
Edward Moon, appearing as counsel for the examination, told the court a financial statement for 2016 financial year showed Q1 Homes had a profit of $1.28 million at the same time as work in progress (WIP) surged from $1.845 million to $4.023 million.
To be licensed by the Queensland Building and Construction Commission, builders must meet what are called Minimum Financial Requirements (MFR) to ensure they have enough asset backing to start and finish building projects. WIP, or jobs that have yet to be completed, can count towards the net tangible assets of a builder, which makes up part of the MFR.
Mr Moon asked MrCallender how could WIP have increased by such a great deal?
“It just comes down to when the contracts come through. You might sign a contract in 2014 and building doesn’t start until late 2015,” MrCallender responded.
“Do you recall manipulating that figure?” Mr Moon asked.
“I don’t manipulate figures,” MrCallender said. Mr Moon asked whether the company would have been able to have a QBCC licence if it had WIP of $2 million. Mr Callender said the company had “other means of passing the financial test”. Mr Callender was asked on what basis he considered the company solvent when it had cash in the bank of $1.14 million and owed trade creditors $2.56 million.
“We were always able to pay down our debts,” Mr Callender said.
Menzies Advisory in Gold Coast Brisbane Melbourne and Sydney are specialist Liquidators
Menzies Advisory in Gold Coast Brisbane Melbourne and Sydney are specialist Liquidators
Registered Liquidators are experienced accountants, licenced and regulated by the Australian Securities and Investments Commission (ASIC). They are appointed to take over the running of insolvent or failed companies and oversee the final period before all affairs are finalised and the trading body is dissolved. Registered Liquidators must be appointed in the event of a Creditors Voluntary Liquidation to resolve any debts accrued by the company in the most efficient way possible. A Creditors Voluntary Liquidation (CVL) is the most common liquidation appointment type. In the event of a company entering insolvent external administration through CVL, it is the task of a Registered Liquidator to manage the finances and affairs of the body in a fiduciary capacity. After an Extraordinary General Meeting between the shareholders of a company, a Special Resolution will be passed which symbolises the instigation of the process by which the company will be wound up: liquidation. The directors, creditors and shareholders then step away from the organisation which has entered liquidation and their responsibilities are passed to a Registered Liquidator. This professional winds up all ongoing affairs which can include the collection of any outstanding debts and the disposal of company-owned assets. A Registered Liquidator must provide a document titled Consent to Act as Liquidator before they are appointed. Throughout all liquidations, the Registered Liquidator must file relevant documents with ASIC as well as providing ASIC with their yearly return. This enables the Commission to ensure only the highest quality of Registered Liquidators are operating and providing services throughout Australia. ASIC keeps a Register of Liquidators under the Corporations Act 2001 upon which every person is provided with a Registered Liquidator Number. In order to be registered, the person must demonstrate their relevant qualifications, experience, abilities and knowledge. Each registration is valid for 3 years, after which the Liquidator must reapply to maintain a valid license. All Registered Liquidators hold an accountancy degree as well as valid membership to the Institute of Chartered Accountants and/or CPA Australia. In the event of an organisation becoming insolvent, the appointment of a qualified, experienced and professional Registered Liquidator will ensure the subsequent process of winding up the company is completed correctly and responsibly. A Registered Liquidator is capable of completing this complex task efficiently and with minimal unnecessary stress to the directors and shareholders. For more information, contact Menzies Advisory Liquidators & Receivers where our Principal is a Registered Liquidator, Official Liquidator and has been a Certified Practicing Accountant for over 35 years.
Sometimes shareholders and company directors decide to cease trading despite the continued viability of the company. When this decision has been made, it is best to bring in external administrators to complete the Members’ Voluntary Liquidation process. By hiring qualified and experienced professionals, the process of finalising all company affairs, deregistering your company and the distribution of remaining funds amongst shareholders will be completed in a timely, commercially beneficial and legally correct fashion. While the terms ‘administration’ and ‘liquidation’ are most often associated with insolvent companies, it is also possible for the affairs of solvent companies to be wound up in this matter. There are various reasons why a business may choose to wind up rather than be sold as a going concern or continue trading. These include: Redistributing capital tax free Restructuring a company Business is no longer trading/required Bringing a company to its legal end – once deregistered it cannot be reinstated When a reason is decided upon, the majority of directors are obliged to sign a Declaration of Solvency form, stating the company is in a position to pay all existing debts within the upcoming year. Dormant companies may also be deregistered through this external administration process. Winding up a solvent company through external administration is easier and simpler than an insolvent company because, by definition, the company is in a position to repay any and all outstanding debts. 75% of company members are required to vote in favour of bringing in an external administrator at a meeting in regards to the Special Resolution. Once a company has entered the Members’ Voluntary Liquidation, the company can begin to be wound up by an external administrator. The appointed administrator will meet with any creditors and take care of any legal paperwork with the court, government and ATO. Once a company has been wound up, the remaining value of the assets can be distributed among shareholders. At this point the company will be legally deregistered. The external administrator is, by definition, independent and impartial. Their sole task is to preserve the company’s assets, comply with all legal obligations and return all funds to creditors and/or shareholders. Therefore, the external administrator cannot be someone with a conflict of interest or some form of duty within the company itself. Impartiality ensures the correct protocols are followed and the liquidation is completed in compliance with all laws. If you are considering placing your solvent company into voluntary external administration, contact Menzies Advisors today and find out more about how our expert liquidators and administrators can help wind up your company as quickly and commercially successfully as possible.
Menzies Advisory in Gold Coast Brisbane Melbourne and Sydney are specialist Liquidators
Menzies Advisory in Gold Coast Brisbane Melbourne and Sydney are specialist Liquidators
Menzies Advisory in Gold Coast Brisbane Melbourne and Sydney are specialist Liquidators
Menzies Advisory in Gold Coast Brisbane Melbourne and Sydney are specialist Liquidators
Menzies Advisory in Gold Coast Brisbane Melbourne and Sydney are specialist Liquidators
Menzies Advisory in Gold Coast Brisbane Melbourne and Sydney are specialist Liquidators
