Kanevsky, in the matter of M.A Services Group Pty Ltd (Administrators Appointed) [2025] FCA 1694 (24 December 2025)

(a) where the First Plaintiffs (the Administrators) have an email address for a creditor (including persons or entities claiming to be creditors), by sending the Notice by email to each such creditor, irrespective of whether the creditor has nominated to receive electronic notifications of documents;

(b) where the Administrators do not have an email address for a creditor (including persons or entities claiming to be creditors), but have a postal address for that creditor, by sending the Notice by post to each such creditor;

(c) by publishing the Notice on the Australian Securities and Investments Commission (ASIC) published notices website appearing at https://publishednotices.asic.gov.au; and

(d) by publishing the Notice on a creditor portal on a website to be established by the Administrators (Creditor Portal).

1. Pursuant to s 447A of the Corporations Act and further or alternatively s 90-15 of the IPS, if, pursuant to any provision in any of Part 5.3A of the Corporations Act, Part 5.3A of the Corporations Regulations 2001 (Cth), the IPS or the IPR, the Administrators are required to provide any other notification to creditors during the administration of the Second Plaintiff, the applicable notice requirements will be satisfied if the Administrators give such notice by taking the following steps:

(a) where the Administrators have an email address for a creditor (including persons or entities claiming to be creditors), by sending the Notice by email to each such creditor, irrespective of whether the creditor has nominated to receive electronic notifications of documents;

(b) where the Administrators do not have an email address for a creditor (including persons or entities claiming to be creditors), but have a postal address for that creditor, by sending the Notice by post to each such creditor;

(c) to the extent the matter relates to a meeting that is the subject of s 75-40(4) of the IPR, by causing notice of the meeting to be published on the ASIC published notices website at https://publishednotices.asic.gov.au; and

(d) by publishing the Notice on the Creditor Portal.

1. Pursuant to s 447A of the Corporations Act and further or alternatively s 90-15 of the IPS, to the extent not permitted specifically by ss 75-30, 75-35 and 75-75 of the IPR, the Administrators be permitted to hold meetings of creditors during the administration of the Second Plaintiff by telephone or audiovisual conference (only, and in place of a physical meeting) with such details of the arrangements for using the telephone or audiovisual conference facilities to be specified in each of the notices issued to creditors.

1. Pursuant to s 447A of the Corporations Act and further or alternatively s 90-15 of the IPS, Part 5.3A of the Corporations Act is to operate, in relation to the first meeting of creditors required to be held under s 436E of the Corporations Act for the Second Plaintiff (First Meeting) so that the requirement to provide persons attending a virtual meeting with a reasonable opportunity to participate under s 75-75(1) of the IPR will be satisfied where:

(a) the Administrators conduct a virtual meeting by way of a livestream format, where participants are able to participate in the meeting by way of a written live chat function which is visible only to the chairperson of the meeting (or his or her delegate), but cannot orally address the meeting;

(b) the Administrators have given a notice to creditors of the Second Plaintiff (in accordance with Order 2) that specifies that questions, requests for information, or comments that they wish to raise at the First Meeting should be submitted, to the extent possible, to the Administrators on or prior to midday on 6 January 2026; and

(c) the Administrators:

(i) answer or address at the First Meeting, as far as practicable, questions, requests for information, or comments submitted by creditors on or prior to midday on 6 January 2026, for a period of not less than two hours or until all such questions, requests for information, and comments have been responded to (whichever occurs sooner); and

(ii) may, but are not required at the First Meeting to, answer or address any questions, requests for information, or comments submitted by creditors after midday on 6 January 2026.

1. Within five business days of the First Meeting, the Administrators provide creditors with information responding to all questions, requests for information, and comments received on or prior to midday on 6 January 2026 which are not in substance addressed at the First Meeting.

Limitation of Administrators' personal liability under leases

1. Pursuant to s 443B(8) of the Corporations Act and further or alternatively s 447A(1) of the Corporations Act, Part 5.3A of the Corporations Act is to operate in relation to the Second Plaintiff with respect to any leases entered into by the Second Plaintiff, including but not limited to the leases which are listed in the attached Schedule 2, as if:

(a) the Administrators personal liability under subss 443A(1)(c) and 443B(2) of the Corporations Act begins on 16 January 2026, such that the First Plaintiffs are not personally liable for any liability with respect to the property leased, used or occupied by the Second Plaintiff (including amounts payable pursuant to any leases entered into by the Second Plaintiff) under the leases listed in the attached Schedule 2, in the period from 23 December 2025 to 16 January 2026 inclusive; and

(b) the words "within five business days after the beginning of the administration" in s 443B(3) of the Corporations Act instead read "by 16 January 2026".

Extension of time to respond to creditor requests

1. Pursuant to s 447A(1) of the Corporations Act and further or alternatively s 90-15 of the IPS, s 70-1(2)(a) of the IPR is to operate in relation to the Second Plaintiff as if:

(a) the words "5 business days after receiving the request" be read as "10 business days after receiving the request, where that request is received after midday on 6 January 2026"; and

(b) the Administrators may provide the information, report, or document requested by a creditor by publishing that information, report, or document on the Creditor Portal.

Other matters

1. The Administrators take all reasonable steps to cause notice of these orders to be given within one business day of the making of these orders to:

(a) ASIC; and

(b) to creditors of the Second Plaintiff (including persons or entities claiming to be creditors) in the manner specified in Order 2.

1. Liberty be granted to any person demonstrating a sufficient interest to apply to vary or discharge any orders made, on three business days' written notice being given to the Plaintiffs and to the Court.
2. Liberty be granted to the Administrators to apply on one business day's written notice to the Court in relation to any variation of these orders or any other matter generally arising in the administration of the Second Plaintiff.
3. The Administrators' costs of the application be treated as costs in the administration of the Second Plaintiff.

Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.

(Delivered ex tempore, revised from transcript)

1. M.A Services Group Pty Ltd (the Company) supplies security, cleaning and maintenance services throughout Australia. On 23 December 2025 the director of the Company appointed Mr Glen Kanevsky and Mr Jason Tracy as its joint and several Administrators. The director formed the view that the Company was no longer able to pay its debts as and when they fall due.
2. On 23 December 2025 the Administrators approached the Court seeking urgent relief from certain obligations concerning the first meeting of creditors and creditors' requests for information, and seeking a limitation on their immediate personal liability.
3. The Administrators say that, whilst they have had limited time to investigate the affairs of the Company, they believe that it employs approximately 1,770 employees and engages numerous contractors. They say it leases real estate throughout Australia and owns or leases approximately 175 vehicles, and that the Personal Property Securities Register (PPSR) records 140 security interests registered against the Company. The Administrators believe that the Company has 254 creditors to whom it owes a total of $13,241,536.
4. The first meeting of creditors is required, by s 436E(2) of the Corporations Act 2001 (Cth), to be held by 7 January 2026. By s 436E(3) the Administrators are required to give creditors five days' written notice of the meeting. The notice must contain prescribed information.
5. The Administrators say that the number of creditors and the time of year pose practical difficulties in complying strictly with the Administrators' obligations with respect to the convening and holding of the first meeting of creditors and communicating with creditors. The Administrators seek orders under s 447A of the Corporations Act that:

(1) they be entitled to give notice of the first creditors meeting by a combination of email, post, and notices on the Australian Securities and Investment Commission (ASIC) website and an Administrator's creditor portal;

(2) the creditors meetings be conducted by audiovisual facilities and telephone;

(3) there be changes and extensions to the time by which they must respond to creditors' requests for information; and

(4) there be a limited order relieving them of certain personal liability for debts incurred by the Company for a limited period of time.

1. For the reasons that follow I consider that it is appropriate to make orders in substantially the form sought by the Administrators.

SECTION 447A

1. Section 447A of the Corporations Act provides the Court with power to make such orders as it thinks appropriate about how Part 5.3A is to operate. Part 5.3A deals with the administration of a company's affairs with a view to executing a deed of company arrangement.
2. In Freeman, in the matter of Regional Express Holdings Limited (Administrators Appointed) [2024] FCA 929 Yates J determined that s 447A empowered the Court to make orders in similar terms to those sought by the Administrators in this matter: see [80]-[81].
3. Additionally, Yates J concluded that it was not in doubt that s 447A extended to making orders limiting an administrator's personal liability under s 443A of the Corporations Act. His Honour described such orders as commonplace: see [81]-[82] and the cases there cited.

NOTIFICATION OF CREDITORS OF FIRST CREDITORS MEETING

1. Section 75-15 of the Insolvency Practice Rules (Corporations) 2016 (Cth) (IPR) provides how notice of meetings is to be given, including by providing for the date, time and place of the meeting, so that creditors can physically attend the meeting. The information to be included and details of how the meeting is to be convened is provided for in s 75-225.
2. The Administrators say that they have email addresses for all customers of the Company and most other creditors. They say that because of the large number of creditors and their widespread locations throughout Australia, and the time of year, they should be permitted to give the requisite notice of the meeting, and any other necessary notifications, by email (where an email address is available) and otherwise by post, and by publishing the notice on the ASIC website and by a portal to be established on the Company's website. The Administrators say that timely communication with the Company's creditors will be facilitated by electronic means, and that in the time available before the first meeting of creditors it is not feasible for the Administrators to contact all creditors by post.
3. In Regional Express Yates J described orders for the delivery of notices by electronic means as commonplace, including in the context of company administration: see [36] and the cases there cited.
4. I am satisfied that it is appropriate to make the orders sought by the Administrators.
5. First, email communication, in the present circumstances, is an appropriate method of communication. There are a large number of creditors and timely delivery of the notice is important. Email is quick, efficient and inexpensive. The order provides for the delivery by post where no email address is known.
6. Second, the order provides an additional safeguard by publishing the notice on the ASIC website and on a creditor portal to be established by the Administrators.
7. Third, I am satisfied that the order will assist the Administrators to meet their obligation under s 436E(3)(a) to give "written notice of the meeting to as many of the company's creditors as reasonably practicable".

1. The Administrators submit that physical attendance of creditors at a location in Victoria is impracticable because there are a large number of creditors located throughout Australia. In these circumstances, the Administrators submit that it is appropriate to permit them to conduct meetings of creditors by telephone and livestreaming audiovisual facilities. The Administrators submit that conducting meetings of creditors by telephone and livestreaming audiovisual facilities is common for larger corporations with a high number of creditors.
2. In Regional Express at [42] Yates J concluded that it was not in doubt that virtual meeting technology can be employed for the purposes of the first creditors meeting or other creditors meetings. His Honour added that s 75-75 of the IPR "requires that the technology that is employed must give all persons entitled to attend the meeting a reasonable opportunity to participate without being physically present in the same place".
3. By order 4, the Administrators seek that they conduct the virtual first creditors meeting by way of a livestream format where participants can participate in the meeting by way of a written live chat function which is visible only to the chairperson of the meeting or his or her delegate. The participants cannot orally address the meeting. I understand that this is proposed as a method of ensuring control of the meeting and of regulating the behaviour of those in attendance in circumstances where a large number of people may attend the meeting.
4. I am satisfied that it is appropriate to make the orders sought by the Administrators.
5. I am satisfied that, consistent with s 75-75 of the IPR, a meeting conducted in that way will give all persons entitled to attend the meeting a reasonable opportunity to participate without being physically present in the same place. Similar orders were made in Regional Express at order 5. See also Albarran, in the matter of Bonza Aviation Pty Ltd (Administrators Appointed) [2024] FCA 575 at [8] (Jackman J, noting that the relevant orders were made by Cheeseman J). Accordingly, I am also satisfied that the Administrators be relieved of the obligation to name a physical location of the meeting.

TIME TO RESPOND TO CREDITORS' REQUESTS FOR INFORMATION

1. By s 70-1(2)(a) of the IPR, the Administrators would ordinarily be required to respond to creditors' requests for information (including reports and documents) within five business days of receiving the request. They say that because of the number of creditors, the potential for multiple requests for the same information and the time of year, they should be permitted to provide responses to requests submitted on or prior to midday on 6 January 2026 at the first meeting or otherwise within five business days after the meeting.
2. Where requests are provided after midday on 6 January 2026, they seek 10 business days to respond to creditors' requests for information.
3. I am satisfied that it is appropriate to make the orders sought by the Administrators.
4. First, there are a large number of creditors. The Administrators expect a large number of inquiries. Added to that circumstance is that those inquiries will need to be responded to over the period between 24 December 2025 and January 2026. I am satisfied that the arrangement sought is reasonable and practicable.
5. Second, there is precedent for making orders of this type. Similar orders were made by Yates J in Regional Express. See also Strawbridge, in the matter of Virgin Australia Holdings Ltd (Administrators Appointed) [2020] FCA 571; 141 ACSR 310 at [40]- [43] (Order 8)] (Middleton J) and Bonza (Order 5 made on 9 May 2024) (Cheeseman J).

LIMITATION OF ADMINISTRATORS' PERSONAL LIABILITY

1. Section 443A of the Corporations Act provides that, absent an order under s 447A to the contrary, the Administrators are personally liable for debts incurred by them on behalf of the Company in the course of the administration. The Administrators seek a limitation on their liability only with respect to any leases entered into by the Company and only until 16 January 2026.
2. The Administrators say that as at the first day of the administration, they are aware of current leases of premises across Australia, financed plant and equipment and 140 security interests registered against the Company on the PPSR, some of which are in respect of leased vehicles. The Administrators say that they will endeavour in the coming days to ascertain whether there are leases or financed assets of the Company of which they are presently not aware.
3. In the meantime, the Administrators seek an order relieving them of personal liability for debts incurred in respect of property leased, used or occupied within the meaning of s 443A(1)(c) until 16 January 2026, during which time they will further their investigations with a view to ascertaining what is the best course for the business and/or the creditors, having regard to the objects of Part 5.3A as set out in s 435A.
4. While s 443D provides the Administrators with a right of indemnity out of the Company's property, and by s 443E that indemnity has priority over other debts, I understand that the Administrators are concerned, given the limited time of their appointment, to ascertain the true extent of any leases entered into by the Company and the extent of the Company's property.
5. I am satisfied that such an order is appropriate. First, as identified above I am satisfied that s 447A extends to making orders limiting an administrator's personal liability under s 443A(1): see Regional Express at [81] and the cases there cited. Second, it is appropriate to limit the liability of the Administrators in the limited way proposed, and for the limited period proposed, until such time as they are able to understand the extent of the leases of the Company and its property.

1. The Administrators seek a number of additional and consequential orders.
2. They seek liberty be granted to any person demonstrating sufficient interest to apply to vary or discharge any orders made on three business days' written notice being given to the Company, the Administrators and the Court. They also seek liberty be granted to the Administrators to apply on one business day's written notice to the Court in relation to any variation of these orders or other matter generally arising in the administration of the Company. I am satisfied that these orders are appropriate. They ensure that any impracticality or unfairness created by the orders can be addressed with urgency.
3. By order 11, the Administrators seek that their costs of the application be treated as costs in the administration of the Company. I am satisfied that this order is appropriate. Such an order is common and appropriate in cases dealing with the application of s 447A of the Corporations Act: see, e.g. Regional Express at order 18.
4. For all of those reasons set out above it is appropriate to make orders in substantially the form sought by the Administrators.

I certify that the preceding thirty-five (35) numbered paragraphs are a true copy of the Reasons for Judgment of the Honourable Justice Dowling.

GLEN KANEVSKY AND JASON TRACY (IN THEIR CAPACITIES AS JOINT AND SEVERAL ADMINISTRATORS OF THE SECOND PLAINTIFF)

1st Floor Office Unit 1/468-470 Victoria St, Wetherill Park, NSW 2164

Level 5, suite 1, 100 George St, Parramatta, NSW 2150

Gulf Centre - 116 Coonawarra Road Winnellie (Building 3, T12/13)

Suite FF3 on the first Floor of 5 Grevillea Place, Brisbane Airport

Report of registered security interests from the personal property securities register (PPSR) 23/12/2025 at 08:56

Motor vehicle - Any property which is from time to time subject to a security interest under an Asset Finance Agreement (AFA) entered into on or after 13/01/2017 for a motor vehicle in accordance with the Master Asset Finance Agreement (MAFA) between the Grantor and the Secured Party dated on or around 23/11/2016 contract ML2720714, or any other security agreement replacing the AFA or MAFA or arising under an y

Other goods - All goods sold, leased, rented, bailed, consigned or otherwise made available from time to time (whether present or future) by the secured party to the grantor.

Other goods - Collateral supplied by the secured party, including but not limited to security and electrical goods and related products.

All present and after-acquired property - No exceptions

Intangible property - Account Each present and future account which secured party purchases from grantor or which secured party controls in accordance with section 341(3) of the Personal

intangible property comprising present and future accounts which are described in

Intangible property - General intangible - The ADI account which is the 'nominated account' defined in the terms and conditions of the debtor finance facility agreement between the Grantor and the Secured Party.

intangible property being the collateral, including money

All present and after-acquired property - No exceptions

collateral, and all other present and after acquired property.

collateral, and all other present and after acquired property.

collateral, and all other present and after acquired property.

Other goods - All goods supplied by Secured Party of the Grantor including but not limited to surveillance equipment, and other related goods.

collateral, and all other present and after acquired property.

Other goods - All goods, equipment and/or other tangible property (including any accessions to those goods, equipment and/or property) sold, leased, hired, rented, bailed, supplied on consignment, sold subject to a conditional sale agreement including retention of title or otherwise made available by the secured party to the grantor.

Other goods - All goods supplied by the Secured Party to the Grantor.

collateral, and all other present and after acquired property.

collateral, and all other present and after acquired property.

collateral, and all other present and after acquired property.

Yes - Any insurance policy and its proceeds relating to

collateral, and all other present and after acquired property.

collateral, and all other present and after acquired property.

collateral, and all other present and after acquired property.

collateral, and all other present and after acquired property.

collateral, and all other present and after acquired property.

collateral, and all other present and after acquired property.

collateral, and all other present and after acquired property.

collateral, and all other present and after acquired property.

collateral, and all other present and after acquired property.

collateral, and all other present and after acquired property.

Other goods - Collateral supplied by the secured party, including but not limited to security and electrical goods and related products.

Other goods - All goods and equipment supplied, bailed, leased or consigned by the Secured Party to the Grantor from time to time (including without limitation tyres, wheels, storage equipment, signs and other related products)

collateral, and all other present and after acquired property.

collateral, and all other present and after acquired property.

Other goods - PHOTOCOPIER Serial No.: SAA2J041005029

Other goods - PHOTOCOPIER Serial No.: SAA2J041000652

Other goods - PHOTOCOPIER Serial No.: SAA2K041001159

collateral, and all other present and after acquired property.

Other goods - PHOTOCOPIER Serial No.: SAA2K041003738

SERIAL NUMBER VARIOUS, REFER TO INVOICES AND DOCS FOR BREAKDOWN.

All present and after-acquired property - No exceptions

Other goods - All goods sold, leased, hired, rented, bailed, supplied on consignment, sold subject to a conditional sale agreement including retention of title or otherwise made available by the secured party to the grantor.

collateral, and all other present and after acquired property.

Other goods - COPIERC300I Serial No.: SAA2K041016027

Other goods - COPIER C300I Serial No.: SAA2K041018597

Other goods - All goods sold, leased, hired, rented, bailed, supplied on consignment, sold subject to a conditional sale agreement including retention of title or otherwise made available by the secured party to the grantor.

Other goods - All goods and equipment (whether or not inventory of the grantor) including, without limitation, white & brown goods, electronics, accessories, software, communications, IT, home appliances and gift cards, supplied by or on behalf of JB Hi-Fi Group Pty Limited to the grantor under the Terms and Conditions of Sale set out in the JB Hi-Fi Solutions Credit Application and all other trade agreements entered into between one or more of the secured parties and the grantor.

Yes - All proceeds (as that term is defined in S.31 of the Personal

Securities Act) arising from the sale or any other dealing with any of the collateral including, without

limitation, goods, money, accounts receivable chattel paper, intangibles, negotiable instruments, documents of title and investment securities.