Kruse Legal

13/09/2022

★★★★★ “ I was very pleased with the attention and advice I received from Darren and his team.

They went an extra yard” chrisa619
https://www.wordofmouth.com.au/reviews/kruse-legal-blackwood

06/09/2022

★★★★★ “ My wife and I felt very comfortable with Darren with his professionalism and knowledge of our subject matter and would highly recommend Kruse Legal to family and friends.” murraye982
https://www.wordofmouth.com.au/reviews/kruse-legal-blackwood

23/08/2022

★★★★★ “ DARREN AND STAFF ARE OUR FAMILY LAWYERS.
THEY RECENTLY HANDLED MY BROTHERS ESTATE.
ALL WENT WELL WITHOUT A HITCH.
DARREN AND HIS STAFF ARE VERY CARING AND PROFESSIONAL
IN THERE WORK.
WE,MY WIFE AND I WOULD RECOMMEND DARREN KRUSE AND HIS STAFF TO ANYONE THAT WANTS A HASSLE FREE LEGAL EXPERIENCE.WE WISH HIM AND HIS STAFF THE VERY BEST.PETE AND JAN” peterf691
https://www.wordofmouth.com.au/reviews/kruse-legal-blackwood

10/07/2022

We have MOVED, now at 20 Coromandel Parade (the old Music school), one of the oldest buildings in Blackwood. Still 8278 1779

I'm intending to invite local artists to display and sell on our huge 13' ceilings - so much open space - see the photos inside. After the 2000 Art show in mid July.

10/07/2022

30/04/2020

RENT RELIEF FOR COMMERCIAL TENANTS IN COVID-19 PERIOD
There is now significant, legislated relief for commercial tenants who have been affected by COVID-19.

In summary:
- Mandatory rent relief in proportion to degree affected ; half waived, half deferred
- No adverse action can be taken against tenants
- Landlords to pass on benefits – eg (land tax, council rates)
- No penalty – no fees or interest on deferred rent or payments
- No draw on security – (bonds, bank guarantees or personal guarantees)
- Term extensions – extend the lease for the period the subject of the rent deferral
- Rent freeze – no rent increases (other than turnover rent) during COVID-19 pandemic period
- Binding mediation with the SA Small Business Commissioner

Please contact Kruse Legal on 8278 1779 if you want advice, including talking to your landlord on your behalf applying these new laws t your lease and your particular factual circumstances.

Read more here : https://www.kruselegal.com.au/2020/04/30/rent-relief-for-commercial-tenants-under-covid/

27/04/2020

COVIDSafe App - I'm OK with it.

Despite my lawyer's kneejerk reaction against any type of government surveillance, I have decided to download and use the COVIDSafe App. I have made this decision as I want to ensure that if I have been in contact with someone with COVID-19, that I know as soon as possible so that I can ensure I do all I can to avoid infecting other people - I’m much more concerned about passing it on to someone vulnerable who may die than actually getting it myself.

I do not believe that the privacy concerns are any greater than those already in play carrying around my iOS device, as I have no doubt the government/Google can/do track me and my phone if they wanted at any time anyway whether I use the App or not. However, I would be unlikely to use the App if I lived in many other countries.

I am not interested in getting into a long debate here with people about the App – if you are not comfortable using it, then don’t use it – but be honest about your reasons, especially if you already carry a smartphone around.

I am posting my decision here as no doubt this week you will hear many people telling you they won’t use it - I thought it may benefit some people to hear that others have decided to use it.

I am looking forward to start moving around more freely once again, and I believe that this App can assist in accelerating that, and then providing quick intervention should it be necessary.
https://www.abc.net.au/news/2020-04-27/coronavirus-tracing-app-covidsafe-one-million-downloads/12187806

03/04/2020

BLACKWOOD FITNESS UPDATE 3

The Statutory Report by Liquidator 3 April 2020 report is here:
https://tkais.com.au/active-matters/
(select Forward Half and use code FORLIQ)

LOTS of unanswered questions about possibly questionable transactions including:
- 2 cars worth $250,000 sold by company before liquidation, but never paid for (pg 1)
- "payments to related entities in the total amount of $660,000 that have the characteristics of unreasonable director-related transactions" (pg 3)
-"payments to 7 creditors in the ammount of $229,000 that have the characteristics of unfair preference payments" (pg 3)

The auction raised $151,000 - but only $25,595 was sent to the liquidator. It looks like the the landlord is owed $84,955 in unpaid rent (pg 2 and 8)

I feel for the employees - 23 are owed a total of $141,471

Pavlis claims his wife Maria is owed $610,000 (pg 10) and his father Christos is owed $910,000 ; or $1.52M out of the total unsecured creditor pool of $1.9M. Good luck with that John.

Perhaps if the missing 2 cars and the unexplained $660,000 in "director-related transactions" could be recovered the picture would look better for creditors. I'll wait for the call.

From here the liquidator intends to:
- keep investigating the missing 2 cars ($250K) (pg 2)
- "review of director's potential [personal] liability for insolvent trading" (pg 3)
- "recovery of unfair preference payments" ($229K) (pg 3)

Any dividend will rely upon these 3 things and the "unreasonable director-related transactions" ($660K)

A meeting of creditors is possible. If enough creditors call for it, the liquidator will hold a meeting.

We have also placed this report and other relevant public documents at this link :
http://bit.ly/Blackwood-Fitness-Creditors (Dropbox link)

17/03/2020

We ask that you refrain from attending at our office and phone our offices where alternative arrangements will be made on 8278 1779. We can do video by Skype, Facebook Messenger or WhatsApp

Particularly if you have or are:
- experiencing flu like symptoms, have a fever, history of fever or acute respiratory infection and you have traveled overseas (including transit through) in the last 14 days; or

- Had any close contact with a confirmed case of novel Coronavirus.

14/02/2020

BLACKWOOD FITNESS - UPDATE 2
The MGS Auction sold everything inside the building. I understand it raised over $150K - far more than what the landlord was owed (abut $30 - $40K)

The liquidator is now NOW requesting that by *FRIDAY 28 Febuary 2020*
a) Creditors return their Formal Proof of Debt
b) approve his costs [about $22K to date and up to an extra $30K to 30 June 2020. Pretty normal.

The full liquidators report is here:
https://tkais.com.au/active-matters/
(select Forward Half and use code FORLIQ)

We have also placed the form and other relevant public documents at this link :
http://bit.ly/Blackwood-Fitness-Creditors (Dropbox link)

If you think you are a creditor you should download and fill out the Form and then email it to [email protected] along with some proof of your debt (such as a receipt, confirmation email or bank transaction)

14/01/2020

BLACKWOOD FITNESS UPDATE - liquidator appointed
The Federal Court has made orders on 13.01.2020 including:
- the administration of Forward Half Pty Ltd is terminated
- that Forward Half Pty Ltd be wound up in insolvency
- that Mr Tarquin Koch be appointed as the liquidator

https://tkais.com.au/about-us/

https://asic.gov.au/regulatory-resources/insolvency/insolvency-for-creditors/liquidation-a-guide-for-creditors/

The liquidator is fielding several expressions of interest from potential new operators, which is excellent news for Blackwood and the potential re-start of the gym.

The landlord has instructed MGS to run an auction of the gym equipment on Wednesday 5th February 2020 at 10:30 AM.

https://www.mgs.net.au/auction/viewauction.html?a=8468

Hopefully, by that time a deal can be struck with a new operator and the creditors.

We attended the court hearing yesterday and afterwards spoke with Mr Koch who advised us that it could be a grey area whether gym creditors are creditors of Forward Half or of another of the Pavlis companies, or of John Pavlis personally.

However, given that he will have to make that determination it is NOW appropriate that all gym members seeking to be recognised as a creditor of Forward Half now fill out and return to Tarquin Koch a Form 535 Proof of Debt

https://tkais.com.au/wp-content/uploads/2020/01/Form-535-Proof-of-Debt.pdf

We have also placed that form and other relevant public documents at this link : http://bit.ly/Blackwood-Fitness-Creditors (Dropbox link)

If you think you are a creditor you should download and fill it out this Form and then email it to [email protected] along with some proof of your debt (such as a receipt, confirmation email or bank transaction)

Mr Koch also advised that he would prefer creditor gym members to lodge the proof of debt form and access more information at:

https://tkais.com.au/active-matters/ (select Forward Half Pty Ltd (In Liquidation)

Given that there may be in excess of 10,000 creditors - it is clearly in the interests of everyone that the same information is NOT relayed over and over again via phone calls to his firm. $$$

He is hopeful that he can soon be given access to the server inside the gym which will then allow him to send a bulk email to all gym member creditors.

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Darren Kruse