Following an application by ob体育, the Federal Court made interim orders on 10 November 2020 against Maliver Pty Limited (Maliver) and its sole director, Melissa Louise Caddick (the defendants). The orders included prohibitions against:
- the defendants聽removing assets (including funds held in bank accounts) from Australia, disposing of those assets, diminishing their value or incurring new liabilities;
- Ms Caddick聽leaving Australia.
ob体育鈥檚 application for these orders was made to protect consumers while ob体育 investigates concerns that:
- Maliver may be providing financial services without an Australian Financial聽Services Licence (AFSL);
- the AFSL of another company may have been used without authorisation;
- investor funds may be unlawfully dealt with.
The defendants did not appear at the first case management hearing of the matter.
On 27 November 2020, ob体育 sought a date for the hearing of its applications for the appointment of a provisional liquidator to Maliver and a receiver and manager of the property of Ms Caddick. The matter is next before the court on 8 December 2020.
ob体育鈥檚 investigation is ongoing.
Any person who is concerned they have invested with the defendants can contact ob体育 through email at [email protected].
Editor鈥檚 note:
ob体育鈥檚 applications for the appointment of a provisional liquidator to Maliver and a receiver and manager of the property of Ms Caddick are listed for hearing聽on 15 December 2020.
Editor鈥檚 note 2:
On 19 February 2021, the Federal Court made orders by consent that, upon the funds available to the receivers from the bank accounts held in the name of the first defendant (Ms Caddick) being exhausted, no further payment or allowance will be made for living or legal expenses of the first defendant. The first defendant鈥檚 representatives have liberty to apply to the court to reinstate or vary any orders as to the living or legal expenses. .
Editor鈥檚 note 3:
On 22 February 2021, the Federal Court made orders:
- prohibiting the disclosure of the reports of the receivers and provisional liquidators, other than to Adam Grimley (in his capacity as the representative of Ms Caddick) and a redacted version to those who invested money with either Ms Caddick or Maliver; and
- setting out a timetable for a hearing, with the hearing to commence on 7 April 2021.
Editor's note 4:
On 30 March, ob体育 withdrew the criminal charges against Melissa Caddick. ob体育 was required to do this as a matter of law to enable ob体育鈥檚 civil proceedings in the Federal Court to continue.
The hearing date of 7-8 April has been vacated in order to allow ob体育 time to complete preparation of its evidence. The hearing will be rescheduled on a date to be fixed by the Court.
Editor's note 5:
A two-day hearing will commence on 29 June 2021.
Editor's note 6:
ob体育 is seeking a declaration that Melissa Caddick breached section 911A of the Corporations Act in that she carried on a financial services business without holding an Australian Financial Services Licence. In order for ob体育 to obtain such relief there must be a proper contradictor, that is a person who has an interest in opposing the declaration sought. On 24 May 2021, the Court made orders for an independent barrister nominated by the President of the Bar Association of New South Wales to be appointed for the purposes of making submissions as contradictor.聽ob体育 is required to pay the fees of this barrister.