Kukulovski and A Committee convened under section 40-45 of the Insolvency Practice Schedule (Corporations)

The applicant, a registered liquidator, sought a stay of a decision made by a committee convened under section 40-45 of the Insolvency Practice Schedule (Corporations) to terminate his registration. The applicant also sought a stay of the committee's decision directing the Australian Securities and Investments Commission (ASIC) to publish its report outlining the reasons for the termination. The matter came before Deputy President Bernard J McCabe of the Administrative Appeals Tribunal.

The Tribunal was required to determine whether to grant a stay of the decision to terminate the applicant's registration and the decision to publish the committee's reasons. The applicant also sought confidentiality orders regarding the proceedings. The power to grant a stay under section 41(2) of the Administrative Appeals Tribunal Act 1975 was to be exercised for the purpose of securing the effectiveness of the hearing and decision of the application for review, taking into account the interests of any affected persons.

The Tribunal refused to stay the decision to cancel the applicant's registration, noting that while the applicant had raised grounds concerning hardship, reduced income, and family obligations, these did not outweigh the public interest in maintaining the integrity of the regulatory system for registered liquidators. The Tribunal found that the concerns raised by ASIC regarding the applicant's competence and diligence, though not involving dishonesty or fraud, were significant in a regulated profession. However, the Tribunal granted a stay of the decision to publish the committee's report, acknowledging that publication of potentially speculative reasons could cause irreparable harm if the applicant were successful on review, and that the public interest in publication was diminished given the applicant was no longer able to practice. Confidentiality orders were refused as the Tribunal considered it in the public interest for parties to be able to explain why the applicant was unable to practice.

Consequently, the Tribunal ordered that the application for a stay of the decision to terminate the applicant's registration as a liquidator be refused, and the interim stay of that decision be discharged on 15 January 2020. The application for a stay of the decision to direct ASIC to publish its report was granted. The application for confidentiality orders was refused. The decision was not to be published publicly until 15 January 2020.