The Cut: Recent Episodes
Simon Cathro
Conversations with the people of Australia's insolvency industry.
Insolvency, restructuring, and navigating a business through financial distress are as much about the people involved as it is about the regulations and financials.
Join Simon Cathro, Andrew Blundell and the Cathro and Partners insolvency practitioners as they have real conversations with the people within the insolvency industry. Hear their personal stories as they navigate their careers, what they think of the current operating environment and where they think it's all headed.
Most small business owners invest their own money long before a bank ever backs them. But when financial hardship strikes, many discover that their personal investment isn't protected. In this episode of Season 5 of "The Cut", Simon Cathro sits down with former insolvency lawyer and Krodok founder Matthew Kelly to explain why thousands of Australian business owners unknowingly leave themselves exposed when lending money to their own companies.
They discuss director loans, PPSR registrations, business restructuring, insolvency, and why getting the legal foundations right early can make the difference between surviving financial distress and losing everything. Whether you're starting a business, growing one, or simply want to better protect what you've built, this episode offers practical advice every business owner and advisor should understand.
Key Points:
- Why documenting director loans properly can dramatically improve restructuring options.
- How secured loans give business owners greater control during insolvency.
- Why prevention is significantly cheaper than trying to fix problems later.
Links
- Matthew Kelly's Linkedin
- Simon Cathro's Linkedin
- Krodok website
What does it actually take to build a professional services firm — and sustain its growth over time?
In this episode of The Cut, Andrew Blundell speaks with Danny Chiha about the realities of building and scaling a firm from the ground up.
From early beginnings working from a dining table to leading a 70-person team, Danny shares a practical perspective on growth — including the challenges of leadership, hiring and maintaining culture as a business expands.
The conversation also explores how technology is reshaping the accounting profession, and why human relationships remain central despite increasing adoption of AI.
More broadly, it highlights the role of mentorship, long-term thinking and consistency in building something sustainable.
What We Cover * Building a professional services firm from first principles * The challenges of scaling teams and maintaining culture * Leadership development and capability building * The role of AI in the future of accounting * Why long-term thinking underpins sustainable growth
Key Insights 1. Growth takes time Building a sustainable business is typically the result of consistent effort over extended periods, rather than short-term acceleration.
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Scaling is about people Business growth often depends on developing leadership capability and building teams that can operate effectively at scale.
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Technology and relationships must align While AI and automation are reshaping the industry, client relationships and human judgement remain central to long-term success.
Links * Kelly+Partners Accountants * Simon Cathro's LinkedIn * Andrew Blundell's LinkedIn
Cathro & Partners are experts in providing insolvency and restructuring services that help to create and preserve business value and enable individuals to make a fresh start. The firm specialises in restructuring, turnaround, personal and corporate insolvency, safe harbour, secured enforcement services, government advisory services and pre-lending services.
For a confidential discussion on any of the above, please reach out to one of our experts.
Most SME owners don't struggle due to a lack of knowledge — they struggle because they're too busy operating the business to step back and fix what actually drives performance.
In this episode of The Cut, Simon Cathro speaks with Mark Calleja, author of The Seven Figure Plateau, about the patterns that keep business owners stuck — and what it takes to move beyond them.
Drawing on practical experience with growing businesses, Mark unpacks the common blind spots that limit scale, constrain cashflow and create operational bottlenecks.
The discussion covers the shift from working in the business to working on it, the role of systems and discipline, and why many businesses fail despite appearing busy and active.
What We Cover * Why working in the business limits growth and scalability * The systems and structure required to create time and control * Common cashflow mistakes that quietly undermine performance * Building a team that supports, rather than constrains, growth * The mindset shift required to move from survival to scale
Key Insights 1. Growth requires stepping back Sustainable growth typically comes from focusing on strategy, systems and decision-making — not just day-to-day operations.
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Discipline over complexity Consistent processes, regular reviews and clear structure tend to outperform reactive or ad hoc management.
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Cashflow drives outcomes Strong activity levels don't always translate to performance. Visibility over cashflow, billing and decision-making remains critical.
Links * Mark Calleja's LinkedIn * Simon Cathro's LinkedIn * Andrew Blundell's LinkedIn * Mark Calleja Accounting * The Seven Figure Plateau
Cathro & Partners are experts in providing insolvency and restructuring services that help to create and preserve business value and enable individuals to make a fresh start. The firm specialises in restructuring, turnaround, personal and corporate insolvency, safe harbour, secured enforcement services, government advisory services and pre-lending services.
For a confidential discussion on any of the above, please reach out to one of our experts.
John Melluish, CEO of ARITA, joins The Cut to unpack the current state of Australia's insolvency landscape.
From his early experience during the insolvency cycles of the 1980s to now leading the industry's peak body,
John shares perspectives on how the profession has evolved — and where it is heading. The discussion explores the post-COVID rebound in insolvency activity, the increasing role of the ATO and the potential for further pressure in the personal insolvency space.
John also reflects on the role of insolvency practitioners, including areas where their responsibilities are not always well understood, and how this intersects with stakeholder expectations. The conversation also covers insolvency reform, education pathways and the challenges of modern regulation, including AML obligations.
Key Points
- Why insolvency activity is rising again
- The role of liquidators and common areas of misunderstanding
- What's next for insolvency reform in Australia
- The ATO's influence on market dynamics
Timestamps:
- [00:00:00] The core AML problem: who is the "client"?
- [00:01:00] John Melluish's appointment as AITA CEO
- [00:02:00] Career beginnings and insolvency boom in the 80s
- [00:03:10] Borders collapse and the impact of online retail
- [00:04:45] AITA's role and industry coverage
- [00:05:30] Revenue model: membership, events, education
- [00:06:20] Shift to Registered Training Organisation (RTO)
- [00:09:00] Insolvency reform: challenges and opportunities
- [00:11:30] Post-COVID insolvency trends and ATO impact
- [00:16:00] Complaints, creditors, and public misunderstanding
Links:
- John Melluish Linkedin
- Simon Cathro's Linkedin
- Andrew Blundell Linkedin
- ARITA website
Construction insolvencies now represent one of the largest shares of corporate failures in Australia. While the triggers vary, the underlying pattern is often remarkably consistent: tight margins, poorly defined scope, delayed payments, disputed variations and contractors effectively funding projects from their own balance sheets.
In this episode of The Cut, Simon Cathro speaks with Paul Rojas, founder of RA Law Group, to explore why so many construction businesses find themselves in this position — and what operators can do earlier to avoid it.
With more than 22 years' experience in commercial litigation, construction disputes, insolvency and debt recovery, Paul has seen the same structural pressures play out across countless projects. The conversation examines the contractual and commercial issues that often sit behind construction insolvencies, and the steps builders, subcontractors and developers can take to better protect cashflow.
The discussion also highlights the importance of understanding payment rights under security of payment legislation, managing variations properly and ensuring contracts reflect the commercial realities of construction risk. For businesses operating in one of the most challenging sectors of the economy, proactive contract management and early legal advice can often determine whether a project remains viable or becomes another insolvency statistic.
Key Points:
- Recurring patterns behind construction insolvencies: Many failures follow the same trajectory: poorly managed contracts, unpaid variations, project delays and sustained cashflow pressure.
- Using security of payment laws effectively: These laws are designed to protect cashflow, but they only work when payment claims are issued correctly and enforced promptly.
- Early legal and contractual planning matters: Reviewing contracts carefully, understanding termination rights and diversifying client exposure can help prevent financial stress escalating into insolvency.
Links
- Paul Rojas' Linkedin
- Simon Cathro's Linkedin
- Andrew Blundell Linkedin
- RA Law Group
In this episode of The Cut, Simon Cathro sits down with Mitch Taylor, founder of ClaimCloud, to explore a concept still unfamiliar to many Australian creditors: selling creditor claims for immediate liquidity.
With over 25 years in credit markets, including time on Wall Street during the GFC, Mitch shares why time is often the most overlooked cost in insolvency. Together, Simon and Mitch unpack how claim trading works, why insolvencies can stretch on for years, and how emotion, uncertainty and litigation shape creditor decisions.
This conversation challenges traditional thinking about recoveries and asks whether maximising cents in the dollar should always come at the expense of time.
Key Points
- Time is as important as recovery value - Maximising cents in the dollar often comes at the cost of years of waiting.
- Creditors are not a single group - Every creditor has different priorities, emotions and financial pressures.
- Selling a claim should be an option, not a taboo - Claim trading gives creditors control over when they exit an insolvency.
Links
- Mitch Taylor's Linkedin
- Simon Cathro's Linkedin
- Andrew Blundell Linkedin
- ClaimCloud's website
In this episode of The Cut, the conversation dives deep into the hidden complexities of insolvency law and what every director, administrator, and shareholder needs to understand before making their next big decision.
From a chickpea trading company that triggered a pivotal case to the misunderstood power of subordinated creditors, this episode dissects real-world examples that show how "reasonable" actions can quickly become legally dangerous.
Guest Pavlos Stavropoulos, a senior disputes and insolvency solicitor at Addisons, breaks down three critical areas - unreasonable director-related transactions, subordinated creditor rights, and derivative leave applications, offering clarity on where risk meets responsibility. Whether you're a director seeking to protect your position or an insolvency practitioner managing complex stakeholder claims, this episode reveals how to approach each scenario with strategic insight and legal precision.
Key Points
- Understanding unreasonable director-related transactions is crucial — they can apply even when a company isn't insolvent.
- Subordinated creditors can have limited but important rights in external administrations — if the court allows it.
- Derivative leave applications reveal how legal power struggles inside companies can turn into court-sanctioned corporate warfare.
Links
- Pavlos Stavropoulos' LinkedIn
- Simon Cathro's Linkedin
- Andrew Blundell Linkedin
- Addisons website
In this episode of "The Cut", the conversation dives into how AI is being used inside law firms, what it's getting wrong, and the new rules emerging around its use in legal proceedings. Featuring "Jarrod Munro", Partner at "Cornwalls Lawyers", this discussion unpacks real examples—from court restrictions to hallucinated legal cases—to reveal the promise and peril of AI in professional industries.
Jarrod explores how AI's efficiency can help lawyers and accountants focus on higher-value work while warning of the ethical, accuracy, and confidentiality pitfalls that still plague the technology. Listeners will walk away with a sharper understanding of how to integrate AI responsibly, spot its blind spots, and future-proof their professional practice.
Key Points
- AI's speed doesn't mean accuracy—hallucinations and bias remain huge risks if you don't verify results.
- Confidentiality and compliance are still human responsibilities, even when AI handles the grunt work.
- The firms that learn how to train, audit, and ethically deploy AI will outpace those who ignore it.
Timestamps
- [00:00] Why trusting AI output is a dangerous assumption
- [02:27] What AI really is (and why it's not that new)
- [04:23] How AI impacts the legal and accounting industries
- [06:23] Why AI can't be trusted for legal research [08:00] Court rules on AI-generated affidavits
- [11:18] The hidden confidentiality risks in AI use [13:02] Efficiency vs. accuracy—real examples from practice
- [14:47] AI hallucinations and their legal fallout [20:00] Bias, black box problems, and real-world AI disasters
- [33:14] What the future of AI means for lawyers and accountants
Links
- Jarrod Munro's Linkedin - https://www.linkedin.com/in/jarrod-munro-5953ab58/
- Simon Cathro's Linkedin - https://www.linkedin.com/in/simon-cathro-b6a6b21/
- Andrew Blundell Linkedin - https://www.linkedin.com/in/andrew-blundell-2a54664/
- Cornwalls website - https://www.cornwalls.com.au/
Australia’s property market is full of contradictions—capital is abundant, demand is surging, yet developments are stalling. In this episode of The Cut, listeners get an unfiltered look at what’s really holding the sector back, from a mid-market feasibility crisis to the construction insolvency wave that’s shaken the industry. Learn how regulatory changes, labor shortages, and private credit expansion are impacting the market today—and where opportunity lies for those ready to adapt.
Dominic Lo Surdo, Executive Chairman of Stamford Capital and President of CAFBA, shares candid insights from the frontlines of real estate lending and development. With access to over $6.3B in pipeline deals and responses from 100+ lenders in their Debt Capital Market Survey, he sheds light on the emerging trends, the data gaps that regulators are scrambling to fill, and what needs to happen next to unlock housing supply.
Key Points
- The construction industry is under immense financial pressure, with insolvencies hitting record levels—yet capital is readily available if feasibility and labor align.
- Regulatory reforms and building commissioner crackdowns are lifting quality, but the market still lacks contractor depth to meet urgent housing demands.
- Private lending is booming amid tight bank conditions, but growing scrutiny from ASIC suggests a call for more transparency and self-regulation.
Timestamps
- [00:00] – The paradox of a capital-rich, labor-short property market
- [01:03] – Intro to Dominic Lo Surdo and overview of Stamford Capital
- [03:21] – Current market conditions: risk, feasibility, and stagnation
- [06:08] – Construction insolvencies and their ripple effect
- [08:52] – The housing crisis vs. broken developer-contractor dynamic
- [10:58] – TOD zones and how they’re reshaping feasibility
- [13:46] – Building commissioner reforms and consumer trust
- [16:43] – Insights from the Real Estate Debt Capital Market Survey
- [22:51] – ASIC’s private credit review and future industry regulation
- [34:32] – Property outlook: What’s next for the next 2–3 years
Links:
- Dominic Lo Surdo Linkedin
- Simon Cathro’s Linkedin
- Andrew Blundell Linkedin
- Stamford Capital
Cathro & Partners are experts in providing insolvency and restructuring services that help to create and preserve business value and to enable individuals to make a fresh start. The firm specialises in restructuring, turnaround, personal and corporate insolvency, safe harbour, secured enforcement services, government advisory services and pre-lending services.
For a confidential discussion on any of the above, please reach out to one of our experts
In this episode of The Cut, hosted by Simon Cathro, we dive into how payroll compliance has shifted from being just a back-office function to a critical boardroom responsibility.
Our guest, Marcus Zeltzer, co-founder of Yellow Canary, explains how technology is transforming payroll compliance—from reactive clean-up to proactive clarity. Even Australia’s largest employers are struggling with complex rules hidden deep inside awards, and Marcus unpacks why compliance is not about intention but interpretation.
You’ll also hear how Yellow Canary’s audit platform mirrors the Big Four process—only faster, clearer, and without the price tag. From IPO readiness to whistleblowers, discover the surprising triggers that push businesses to take compliance seriously.
Key Discussions * Compliance is now a boardroom issue—not just payroll administration. * How AI is cutting compliance work from months to days, reshaping entitlement audits, litigation, and safe harbour. * Why poor records, data gaps, and unclear laws destroy more than money—they destroy trust. * What motivates organisations: whistleblowers, IPOs, M&A, and enterprise bargaining.
Timeline Highlights * [00:45] – Marcus’ journey: from law school dropout to tech founder * [03:59] – The spark for Yellow Canary: wage theft, media, and margins * [05:00] – How the platform works and why it’s different to the Big Four * [06:30] – Go-to-market strategy and early law firm partnerships * [08:00] – A typical client engagement from start to finish * [10:00] – Award simulation tool and AI-driven rule accuracy * [13:59] – What motivates clients to engage Yellow Canary * [17:00] – The future of enterprise bargaining and tech-enabled dispute resolution * [24:59] – Cutting M&A audit time from five weeks to five days * [32:30] – What insolvency firms need to know about AI in payroll cases
Links * Guest: Marcus Zeltzer on LinkedIn * Simon Cathro on LinkedIn * Andrew Blundell on LinkedIn * Yellow Canary Website
Litigation finance is reshaping how high-stakes disputes are fought—and who wins. In this episode, Matt Lee from Lindsay Francis Mengen, a specialist in arbitration and former head of Australia's largest litigation funding operation, shares how litigation funders assess cases, manage risks, and decide whether a claim is worth backing. For anyone working in insolvency, restructuring, or high-value disputes, this is an inside look at what funders really want.
You'll also learn how arbitration can offer a faster, more private alternative to court—if managed correctly. From freezing orders to enforcement risk, Matt dives into the practical realities that often determine whether a case succeeds or quietly fails. Packed with actionable insights for liquidators, lawyers, and anyone considering legal funding, this episode is essential listening for navigating complex legal recoveries.
Key Points:
- Litigation funders assess more than just legal merit—they evaluate people, psychology, and probability.
- Arbitration can be faster and private—but only if the arbitrator drives the process effectively.
- Freezing orders and early mediation aren't just strategy—they can determine whether you recover anything at all.
Timestamps:
- [00:03] What litigation funding actually is and how it works
- [05:00] Beyond class actions: corporate use of legal finance
- [07:32] The role of funders during litigation—not just money
- [09:50] What funders analyze: success, damages, recoverability
- [11:53] Why good claims still don’t proceed in insolvency cases
- [14:30] When is the right time to mediate?
- [18:45] Assessing the people behind the claims
- [21:00] How freezing orders stop asset flight during litigation
- [23:01] What arbitration is and how it differs from court
- [28:00] How long arbitration takes and what can go wrong
Links
- Matt Lee’s Linkedin
- Simon Cathro’s Linkedin
- Andrew Blundell Linkedin
- Lindsay, Francis & Mangan website
Cathro & Partners are experts in providing insolvency and restructuring services that help to create and preserve business value and to enable individuals to make a fresh start. The firm specialises in restructuring, turnaround, personal and corporate insolvency, safe harbour, secured enforcement services, government advisory services and pre-lending services.
For a confidential discussion on any of the above, please reach out to one of our experts
Building a successful practice demands more than technical skill—it calls for relentless commitment, strategic mindset shifts, and the courage to delegate. In this episode of The Cut, host Andrew Blundell sits down with Nick Hitchens, founder of Hitch Advisory, to trace his rise from managing distressed pub sales to advising on high-stakes M&A deals.
What You’ll Learn:
- Why the First Five Years Matter: Most firms plateau or fail around year five. Nick explains the “all-in” mentality required to push through that critical period.
- Delegation as a Growth Engine: Clinging to every task breeds burnout. Discover how entrusting your team can free you—and your firm—to scale.
- Redefining Success: Beyond revenue, true success means building a capable team, creating opportunities, and making a lasting impact.
Whether you’re leading a professional services firm or scaling a specialist team, this conversation will shift how you think about leadership, growth, and long-term achievement.
Links
- Nick Hitchens’ LinkedIn: https://www.linkedin.com/in/nick-hitchens/
- Andrew Blundell’s LinkedIn: https://www.linkedin.com/in/andrew-blundell-2a54664/
- Hitch Advisory: https://hitchadvisory.com/
Cathro & Partners are experts in providing insolvency and restructuring services that help to create and preserve business value and to enable individuals to make a fresh start. The firm specialises in restructuring, turnaround, personal and corporate insolvency, safe harbour, secured enforcement services, government advisory services and pre-lending services.
For a confidential discussion on any of the above, please reach out to one of our experts
When a business faces insolvency, one of the most overlooked yet critical aspects is ensuring that administrators and receivers are legally and correctly appointed. In this episode of The Cut, expert insolvency lawyer Nick Christiansen from Sparke Helmore joins the conversation with host Simon Cathro, to break down valid vs. invalid appointments, the risks insolvency practitioners face, and what business owners need to know before making any decisions.
From understanding how appointments are challenged in court to why remuneration is such a hot topic in insolvency, this discussion sheds light on the legal and financial pitfalls that can make or break a business in distress. If you’re a business owner, creditor, or insolvency professional, this episode is packed with insights that could save you from costly mistakes.
Key points discussed in this episode:
- Valid vs. Invalid Appointments Matter – Administrators and receivers must conduct due diligence to ensure legal appointments; mistakes can result in personal liability.
- Remuneration Isn’t Always Guaranteed – Insolvency professionals must prove their fees are reasonable, and creditors can challenge them in court.
- Creditors Have More Power Than They Think – From challenging fees to influencing court decisions, creditors play a bigger role in insolvency than most realize.
Links:
- Nick Christiansen’s Linkedin
- Simon Cathro’s Linkedin
- Sparke Helmore Lawyers official website
- ASIC
Cathro & Partners are experts in providing insolvency and restructuring services that help to create and preserve business value and to enable individuals to make a fresh start. The firm specialises in restructuring, turnaround, personal and corporate insolvency, safe harbour, secured enforcement services, government advisory services and pre-lending services. For a confidential discussion on any of the above, please reach out to one of our experts.
In this episode of The Cut, Simon Cathro speaks with Hannah Griffiths from Pinsent Masons. Their discussion provides valuable insights into the complexities of insolvency proceedings, the various types of claims available to liquidators, and the importance of thorough investigations in pursuing these claims.
Hannah Griffiths is the head of restructuring and insolvency at Pinsent Masons. She has over 15 years of experience in insolvency and restructuring. She advises insolvency practitioners and boards on insolvency-related issues.
Key points discussed in this episode:
- Introduction to voidable transactions and insolvent trading
- A case study of a property development company liquidation
- The process of procuring funding for liquidator claims
- Types of claims available to liquidators, including uncommercial transactions, unreasonable director-related transactions, and insolvent trading
- The role of public examinations in gathering evidence for liquidator claims
- The concept of de facto directors and their potential liability
Links
- Hannah Griffiths Linkedin
- Simon Cathro’s Linkedin
- Pinsent Masons official website
- Federal Court of Australia – Insolvency Practice Notes
Cathro & Partners are experts in providing insolvency and restructuring services that help to create and preserve business value and to enable individuals to make a fresh start. The firm specialises in restructuring, turnaround, personal and corporate insolvency, safe harbour, secured enforcement services, government advisory services and pre-lending services. For a confidential discussion on any of the above, please reach out to one of our experts.
In this episode of The Cut, Simon Cathro speaks with Keiran Breckenridge and Jonathon Turner from Lander & Rogers about secured creditors and receiverships, a topic not covered in previous episodes
Jonathan Turner is a partner at Landers and Rogers, specialising in corporate restructuring, insolvency, and finance. He joined the firm about 15 months ago, moving from NRF. Jonathan’s expertise and experience contribute to Landers and Rogers’ growing focus on corporate restructuring, insolvency, and finance
Keiran Breckenridge is a special counsel at Landers and Rogers, specializing in insolvency law. He has been with the firm for seven years. Prior to joining Landers and Rogers, Keiran took a few years to work in regional New South Wales, specifically in Tamworth and Armidale, as part of a “tree change” with his wife. This diverse experience in both city and country legal practices has contributed to his comprehensive understanding of insolvency law and practice.
Key points discussed in this episode:
- Overview of Lander & Rogers, its history, and recent growth in the corporate restructuring, insolvency, and finance space
- The increasing trend of receiverships and the changing landscape of lenders in the market
- The importance of security reviews and investigating accountant reports in the receivership process
- Options available to secured creditors, including receivership, mortgage in possession, and voluntary administration
- This episode provides valuable insights into the current state of receiverships and the role of secured creditors in the insolvency process.
Links
- Keiran Breckenridge’s Linkedin
- Jonathon Turner’s Linkedin
- Simon Cathro’s Linkedin
- Lander & Rogers Insolvency and Restructuring
- Australian Restructuring Insolvency and Turnaround Association (ARITA)
Cathro & Partners are experts in providing insolvency and restructuring services that help to create and preserve business value and to enable individuals to make a fresh start. The firm specialises in restructuring, turnaround, personal and corporate insolvency, safe harbour, secured enforcement services, government advisory services and pre-lending services. For a confidential discussion on any of the above, please reach out to one of our experts.
In this episode of The Cut Andrew Blundell speaks with Courtney Macdade and Rebecca Dalais from the the Department of Employment and Workplace Relations FEG Recovery Program’s Recovery Funding team. Courtney Macdade is the Acting Principal Government Lawyer in the Department of Employment and Workplace Relations FEG Recovery Program’s Recovery Funding team. She is based in Brisbane with over 8 years practising in restructuring and insolvency and dispute resolution and litigation funding. Courtney is focussed on engaging with liquidators as early in administrations as possible as well as collaborating with other government departments to enhance outcomes for employees.
Rebecca Dalais is a Senior Government Lawyer in the same team, with over 13 years' experience in the insolvency industry, as an accountant then lawyer and now litigation funding specialist. She enjoys the strategic element of litigation, ongoing assessment of risk and recoverability and providing support to liquidators and their legal teams. Rebecca has a strong interest in alternative dispute resolution including mediated outcomes which limit the time and costs of the traditional litigation path.
This episode dives deep into the evolving role of the Fair Entitlements Guarantee (FEG) in insolvency and litigation funding.
- FEG’s expansion into super guarantee debt collection offers more avenues for recovery, allowing liquidators to target broader claims
- The FEG funding team prioritizes early engagement with liquidators, significantly improving recovery rates and reducing legal fees.
- FEG’s flexible approach to litigation allows liquidators to pursue sub-$5 million claims and tackle Phoenix activities effectively.
Links
- Rebecca Dalais Linkedin - https://www.linkedin.com/in/woodrebecca/
- Courtney Macdade Linkedin - https://www.linkedin.com/in/courtneymacdad
- Andrew Blundell Linkedin - https://www.linkedin.com/in/andrew-blundell-2a54664/
- FEG Online Services - https://fegonlineservices.dewr.gov.au/
In this episode of The Cut, host Andrew Blundell, Principal at Cathro & Partners, is joined by Anna Taylor, Principal at Results Legal, to discuss various aspects of insolvency, debt recovery, and trade credit.
Key Takeaways:
- Understanding Director Obligations: Anna emphasizes the need for directors to be more aware of their obligations and liabilities, suggesting the need for mandatory education before director appointments.
- Trade Credit Challenges: The discussion delves into the current challenges faced by trade credit businesses, including an increase in disputes, preferences, and equitable priority disputes.
- Risk Mitigation Strategies: Anna highlights the importance of setting up for success by having appropriate contracts, understanding customers, and proactive credit management to mitigate risks.
- Advocacy and Proactiveness: The conversation emphasises the need for proactive communication with insolvency practitioners, particularly in cases of appointments, to protect the interests of creditors and ensure timely responses.
This episode provides valuable insights for insolvency practitioners, creditors, and businesses on effectively navigating the complexities of trade credit, insolvency, and debt recovery.
Tune in to gain practical advice and strategies for asset protection and preservation in insolvency scenarios.
Links:
• Anna Taylor LinkedIn – https://www.linkedin.com/in/anna-taylor-b2a4393a/
• Results Legal – https://resultslegal.com.au/
• Andrew Blundell Linkedin – https://www.linkedin.com/in/andrew-blundell-2a54664
• Cathro & Partners Website – https://cathropartners.com.au/
• ASIC Guidance on duties of directors of mutual companies – https://asic.gov.au/for-business/running-a-company/company-officeholder-duties/guidance-on-the-duties-of-directors-of-mutual-companies/
In this episode of The Cut, host Henry Kazar, principal of Cathro & Partners in Canberra, dives deep into the topic of freezing orders with guest Graeme Blank, a seasoned barrister from Blackburn Chambers. Together, they explore the nuances and implications of freezing orders within the realm of insolvency.
Henry and Graeme discuss the critical role of undertaking as to damages in the general freezing order environment, emphasising the expectations and responsibilities of both the applicant and their legal representatives.
They highlight the importance of offering this undertaking, even in cases where a judge may not explicitly request it, and the uncommon instances where a judge might decide not to accept it.
This episode is essential listening for insolvency practitioners who need to understand how to protect and preserve assets during investigations and proceedings for the benefit of creditors, beneficiaries, and other stakeholders. Tune in to gain valuable insights from experts with years of experience in insolvency, bankruptcy, and related legal matters.
Key Takeaways:
- The significance of undertaking as to damages in freezing orders.
- The responsibilities of legal representatives in such applications.
- The rare circumstances where a judge might not require or accept the undertaking.
- Practical advice for insolvency practitioners on asset protection and preservation.
Join us for an informative discussion on all things insolvency and learn how to navigate the complexities of freezing orders effectively.
Links
- Graeme Blank Linkedin
- Henry Kazar Linkedin
- Cathro & Partners Website
- Blackburn Chambers
In the latest episode of The Cut, Simon Cathro plunges into the intricate world of insolvency law, discussing its multifaceted challenges and opportunities. With us on this episode is Emily Barrett, a partner in the restructuring and insolvency team at Johnson Winter Slattery. Emily's deep understanding of the industry and her clear articulation of its complexities are sure to enlighten both legal professionals and anyone with a curiosity in the industry.
Based on her extensive experience, Emily provides us with:
- An insider's perspective on the industry's current state and how it has evolved since the Global Financial Crisis.
- Insight into the role of statutory liens in administration and liquidation.
- Details on the intricacies of adjudicating employees in administration.
- The effort behind creating Johnson Winter Slattery's case summaries publication, a valuable resource for anyone interested in the insolvency and restructuring field.
- In a world where small to medium businesses are bearing the brunt of economic downturns, it's essential to understand the role of insolvency law.
In this episode, you'll learn about:
- The unique challenges and opportunities in the insolvency and restructuring field.
- An insider's view of how the industry has changed post-GFC.
- The role of statutory liens in administration and liquidation.
- How employees are adjudicated in administration.
- The effort behind Johnson Winter Slattery's case summaries publication.
- And much more…
Links:
- Emily Barrett Linkedin - https://www.linkedin.com/in/emily-barrett-50b02163/?original_referer=&originalSubdomain=au
- Johnson Winter Slattery - https://jws.com.au/
- Cathro & Partners - https://cathropartners.com.au/
- Simon Cathro Linkedin - https://www.linkedin.com/in/simon-cathro-b6a6b21/?originalSubdomain=au
In the latest episode of The Cut, Simon Cathro delves into the intricacies of Deeds of Company Arrangement (DOCA) with guest Sam Dundas, a partner at King & Wood Mallesons. Together, they discuss the complexities of insolvency law, with a particular focus on DOCAs.
Sam shares insights from his extensive experience, recounting his career journey and his initial interest in this dynamic field due to its mix of advisory, transactional, and litigation components.
Based in Perth, Sam highlights the current surge in work within the insolvency sector, driven by high rates of business distress. He contrasts the impacts of the current economic downturn on small to medium businesses with those of the Global Financial Crisis, which primarily affected large corporations.
A significant portion of the discussion centers on the role of Deeds of Company Arrangement (DOCA) in the current economic environment. Sam explains how DOCAs provide a flexible and effective mechanism for companies to restructure their debts and avoid liquidation. He elaborates on the process of implementing a DOCA, its benefits over other insolvency solutions, and its suitability in various scenarios.
What you’ll learn about:
- The current state of the insolvency sector and the workload increase.
- Different facets of insolvency law.
- Impact of the economic downturn on small to medium businesses.
- Comparisons between the current economic challenges and the Global – Financial Crisis.
- The role and advantages of Deeds of Company Arrangement (DOCA) in insolvency proceedings.
- Reasons why legal professionals are drawn to the dynamic field of insolvency law.
Links:
- King Wood Mallesons
- Sam Dundas Linkedin
- Cathro & Partners
- Simon Cathro Linkedin
In this episode of The Cut, host Simon Cathro, Managing Principal of Cathro & Partners, welcomes listeners to season 3.
This season the team will delve into the legal industry with a focus on insolvency, restructuring, and related legal matters. Simon and his guest, Tom Gardner, a restructuring lawyer from Gilbert & Tobin, discuss the complexities of insolvency law, sharing insights from their extensive experience handling various cases, from manufacturing and retail to food delivery services. Tom recounts their career journey, starting from working for Justice Black at the Supreme Court, where they were first exposed to insolvency matters, to their current role dealing with stakeholders in distressed situations.
The conversation also touches on the lighter side of legal work, including the daily responsibilities of a law clerk, right down to the critical task of getting the judge's cappuccino.
Tune in for an informative session that sheds light on the intricacies of insolvency law and the roles of those who navigate this challenging field.
What you’ll learn about:
- [00:03:36] Personal Property Securities Register.
- [00:07:33] Notice board overhaul in law.
- [00:11:31] Complexities of Personal Property Law.
- [00:17:37] PPSR registration changes.
- [00:21:28] Purchase Money Security Interest.
- [00:26:27] PPSR complexities and case law.
- [00:32:28] Register data points reduction.
- [00:36:12] Asset detachment and financing.
- [00:39:10] Reducing fraud and providing clarity.
Links:
- Gilbert & Tobin
- Tom Gardner Linkedin
- Cathro & Partners
- Simon Cathro Linkedin
In finale episode of The Cut's 2023 season, host Simon welcomes two guests, Luke Whiffen from Hilton Bradley Lawyers and Terry Watson from Watson Trade Credit.
They discuss trade credit insurance and the winding up process for companies. Luke provides insights into taking legal action against companies that owe money, while Terry shares his experience in the trade credit insurance industry.
Tune in for valuable insights into the importance of aligning with clients and offers a no-win, no-fee approach.
What you’ll learn about:
- (00:00:22) Lawyers and client alignment.
- (00:07:23) Insolvency in the construction industry.
- (00:10:57) Reducing DSO with trade credit insurance.
- (00:13:58) The community factor.
- (00:16:09) The collection process begins.
- (00:20:39) The impact on businesses.
- (00:24:10) Lawyers prioritising bottom line.
- (00:30:02) Quick debt collection strategies.
- (00:33:00) Uninsurable solar industry.
- (00:37:28) The winding up market.
- (00:42:36) Victoria's upcoming insolvencies.
- (00:44:30) Impact of interest rate rises.
Links:
- Hilton Bradley Lawyers
- Luke Whiffen Linkedin
- Watson Trade Credit
- Terry Watson Linkedin
- Cathro & Partners
- Simon Cathro Linkedin
In episode nine of season two of "The Cut", Managing Principal, Simon Cathro, is joined by Joel Hanrahan from EverEdge Global.
Together, they explore the world of intangible assets, better known as intellectual property. They discuss how building a narrative around your competitive advantage is crucial for justifying higher valuations and attracting investments.
Joel shares his background in growth-focused roles and talks to the significance of intangible assets in various sectors, including transactions and M&A.
Tune in for valuable insights into the realm of intellectual property and its profound impact on achieving business success.
What you’ll learn about:
- [00:27] Building a narrative around intangible asset
- [04:38] Intangible assets and competitive advantage.
- [09:59] The changing value of companies.
- [13:23] The value of network effects.
- [19:33] Valuing intangible assets.
- [21:26] The value of intangible assets.
- [25:10] Maximising value for creditors.
- [29:02] Intangible assets worth more.
- [33:30] Exploring intangible asset value.
- [38:09] Five things for intangible assets.
- [41:45] Intangible asset expert importance.
Links:
- EverEdge Global
- Joel Hanrahan Linkedin
- Cathro & Partners
- Simon Cathro Linkedin
In episode seven of season two of "The Cut", Principal, Andrew Blundell, sits down with Patrick Coghlan, the CEO of CreditorWatch. They delve into the evolving credit landscape, their industry experiences and the paths that brought them to their present roles.
What you’ll learn about:
- Starting CreditorWatch from scratch. [00:01:38]
- Invoicing challenges and old school methods. [00:05:41]
- Luck and Success. [00:06:24]
- Go-getting customers and building. [00:09:24]
- Maintaining a strong company culture. [00:13:35]
- Opening interstate offices. [00:17:02]
- Monthly business risk index. [00:20:39]
- Construction space statistics. [00:23:43]
- Ramp up in defaults. [00:29:17]
- Managing economic consequences and collections. [00:31:11]
- More of the same, just better. [00:34:02]
Links
- CreditorWatch -
- Patrick Coghlan Linkedin
- Cathro & Partners
- Andrew Blundell Linkedin
In episode six of season two of "The Cut", Founder & Managing Principal, Simon Cathro, speaks with Andrew Jolliffe, Director of Asia Pacific Region - HTL Property about the pub and hospitality sector. They discuss the active market in the sector, the background of HTL Property, and the opportunity they saw in creating a boutique brokerage organization focused on transactions. Tune in to learn more about the dynamics of the pub and hospitality industry and the factors that have contributed to its success. What you’ll learn about: * [03:37] Fragmentation in the pub sector * [06:09] The role of pubs in communities * [08:41] Pubs as corporate assets * [11:23] Multi-use * [15:28] Embracing technology in pubs * [19:11] Tourism sector performance * [20:01] Gearing and portfolio management * [24:19] Management failures in insolvency * [27:17] Financial performance and business management * [32:49] Community in the pub sector * [36:31] Resilience of the hotel industry
Links: * HTL Property * Andrew Jolliffe Linkedin * Cathro & Partners * Simon Cathro Linkedin
Capital Raising and Non-Bank Debt in Today's Market
In episode five of season two of "The Cut", our Founder & Managing Principal, Simon Cathro speaks with Dave Ellet, Director of Moxon Capital about the market outlook for the next 12-24 months in the SME and corporate space.
Ellet expresses optimism and believes that businesses will need to solve the people problem and that insolvency firms like Cathro and Partners will have a lot of work in the future.
Ellet also speaks about the state of housing prices in Sydney and concerns about rising interest rates.
Time Stamps
- [03:31] Successful Business Sale Techniques
- [09:06] Alternate debt sourcing
- [13:01] Australia's attractiveness for business
- [17:26] Business storytelling for sales
- [20:37] Acquisitions as growth strategy
- [21:49] Tech valuations come back
- [25:11] Transparency in Voluntary Administration
- [28:15] Insolvency and business risks
- [32:08] Liquidation and Sale of Tech Companies
- [38:41] Impact of Artificial Intelligence on labor
- [39:05] Alternative Capital Raising Options
- [42:43] Equity and Debt Market Trends
Links
- Australian dollar bounces off six month low on prospect of higher rates
- David Ellet Linkedin
- Simon Cathro Linkedin
- Cathro & Partners Website
- Moxan Capital Website
- Avenue Corporate Advisory
In episode four of season two of "The Cut" we have Andrew Blundell Principle at Cathro and Partners speaking with Heather Collins.
She is an investment manager at Omni Bridgeway, speaks on the importance of trust and relationships in the litigation funding space.
Collins emphasizes the need for trust with funders and stakeholders, working well under stress, and enjoying the work and the people you work with.
Heather has been with Omni Bridgeway for over 3 years, starting at ACT supreme court, then becoming In House Counsel for Enterprise Finance Solutions, working with Lendlease, CBP Lawyers, Baker & McKenzie and was the President of the Women's Insolvency Network of Australia.
This dynamic conversation about insolvency through the lens of law touches on:
- [00:01:05] Why Litigation funding is important.
- [00:06:48] Finding Your Niche in Law.
- [00:07:46] Distilling complex legal arguments.
- [00:10:44] Investing in Litigation Cases.
- [00:14:03] Litigation funding and claim size.
- [00:17:29] Litigation funding and asset tracing.
- [00:23:29] Building relationships in the industry.
- [00:27:25] Global economy and litigation funding.
- [00:28:13] Insolvencies in the construction industry.
- [00:32:28] Cyber security and data breaches.
- [00:40:29] Corporates and litigation funding.
- [00:43:40] The future of litigation funding.
Links -
- Heather Collins Linkedin - https://www.linkedin.com/in/heather-collins-63930917/details/experience/
- Omni Bridgeway - https://omnibridgeway.com/
- Why the people you work with are just as important as the job - https://www.inspiringinterns.com/blog/2017/01/getting-along-why-the-people-you-work-with-are-just-as-important-as-the-job/
- Watch Cathro & Partners - The Cut On Youtube - https://www.youtube.com/@cathropartners6927
- Cathro Partners Website - https://www.cathropartners.com.au/
In our third episode for season 2, Simon Campbell, Managing partner at Quantuma Advisory gives us insights into the UK insolvency Market
Simon is a restructuring specialist with over 25 years experience in technology, property, professional services, and business services, who works with directors, lenders, and other professionals to provide a considered opinion on the best path towards corporate recovery.
Over his career he's worked at Kroll, Grant Thornton LLP, Booker Phillips and Begbies Traynor Group.
In this comprehensive conversation Simon Cathro and Simon Campbell touch on:
- Simon Campbell's history
- The differences between Australian and UK insolvency practices
- How Australia's unique government safety net, (Fair Entitlements Guarantee) FEG helps businesses, creditors and the government
- A few case studies of what happening in both countries
- The history of the UK's insolvency practices and how we've ended up where we are
- A future predictions for insolvency
- And much more
Links
- Simon Campbell Linkedin
- Quantuma
- FEG Legislation
- UK's proposed single insolvency regulator
Transcript
https://www.dropbox.com/s/56ipd5c88nsyzo7/Cathro-Campbell-Transcript.pdf?dl=0
In our second episode for season 2, Nick Pilavidis, CEO-AICM, provides his insights into the Australian Credit Industry.
In our first episode for season 2, Martin Lakos, one of Macquarie Bank’s market commentators, provides his insights into the economy and what we can expect for the year ahead.
Agribusiness is defined as the industry, enterprises, and field of study of value chains in agriculture and the bio-economy.
In this final episode of The Cut for season one, Simon sits down with Commonwealth Bank’s General Manager of Specialised Agribusiness Solutions to learn about Adrian’s path to a career in Agribusiness and discuss CBA’s corporate agriculture coverage model.
On this episode of The Cut, Simon Cathro will be joined as co-host by Bob Jacobs from Auxilium Partners. Luke Furler, the head of Quantuma's Asia-Pacific region, speaks with Simon and Bob.
Quantuma is an independent advisory firm serving the needs of mid-market and corporate companies. In the episode, Simon and Bob will explore Luke's observations regarding insolvency in the Asian-Pacific market.
Domenic Lo Surdo, Managing Director at Stamford Capital, joins us in this episode of The Cut. Stamford Capital is Australia’s leading independent arranger and provider of commercial property finance. In the episode, Domenic offers commentary and explores the world of construction finance.
Welcome back to another episode of The Cut.
In this episode, we are joined by Gary Busby and Bronwyn Dumont from the Australian Taxation Office to provide Insights into the Collections Team. In the market's insolvency and restructuring situations, the collections team is essential.
Gary and Bronwyn head up the lodge and pay management team and in this episode, we learn more about Brownyn and Gary and hear their views on the market and where they anticipate it going.
In this episode of 'The Cut', we have our Principal Andrew Blundell taking over from Simon to interview SC Farid Assaf of Banco Chambers. Farid has an extensive background in corporate insolvency and in the episode, we'll cover how Farid came from being an in-house lawyer at ASIC to an SC, the statutory demand process, the top three cases Farid has worked on, along with the market downturn within insolvency litigation and the legal areas that Farid sees as emerging on the back of the pandemic.
In the fourth episode of ‘The Cut’, our host Simon Cathro is joined by the chief investment office of FEG recovery funds for the attorney general department Stephen Humphries. In the episode, we’ll dive into Stephen’s working life and how his career journey brought him to work in FEG recovery funding.
Simon Cathro is joined by Chip Hoebeke, a US Insolvency Practitioner and Fellow of INSOL for our third episode of “The Cut”. In this episode, Chip discusses the current economic circumstances in the United States of America. Chip also gives us an insight into the insolvency laws that exist in the US and what he expects the US economy will be in the next 6 to 12 months.
Simon Cathro is joined by Adrian Loader, the known man when it comes to playing the Distressed Private Equity game. In this episode, we get to know who Adrian is, what his role as Founding Partner at Allegro involves and explains how Allegro came about as well as what they do. Adrian also discusses his market over the next two years giving insight on fundamental views on how he’s broadened the investment and the impact and effects of inflation.
Simon Cathro is joined by arguably the most important person in our industry, John Winter. In this episode, we get to know who John is, what his role as CEO at ARITA involves, and what he is passionate about for ARITA. John also discusses his view on the outlook for the economy with regards to the expected headwinds of insolvency and restructuring in the next short period.