As a result of the announcement by the CALDB yesterday, the Australian Securities and Investments Commission (ASIC) will now remove Avitus Fernandez of Fernandez Partners in Melbourne from the industry, after an ASIC investigation found he had received undisclosed payments.
Appointed to the Willmott Forests case in September 2010, Mr Fernandez reportedly received a payment of $200,000 from a Willmott bank account, which he failed to disclose to receivers and managers.
In its investigation of the matter, ASIC also alleged that Mr Fernandez failed to disclose the payment to replacement administrators or to make mention of it in the three declarations of independence, relevant relationships and indemnities.
The board concluded Mr Fernandez had “failed to carry out or perform adequately and properly duties or functions of an administrator, and was not a fit and proper person to remain registered as a liquidator”.
ASIC Commissioner John Price also commented on the case, describing Mr Fernandez’s conduct as “unacceptable and inconsistent with the standards required of liquidators”.
