Federal Court orders removal of liquidator over apprehended lack of impartiality

November 10, 2026

Groom Kennedy acts in the successful removal of liquidator in the Federal Court of Australia

This week, Groom Kennedy Lawyers & Advisors, together with Michael Galvin KC and David Palmer of Counsel, obtained a significant result in the Federal Court of Australia for clients Goshawk Mining Pty Ltd and Saxby Capital Investments Pty Ltd.

On 10 November 2026, Justice McElwaine ordered that Liam Thomas Bailey (Liquidator) be removed as liquidator of Hellyer Metals Pty Ltd and replaced by Adam Lee Johnston of Apex Advisory Australia.

The orders followed a successful application by the Plaintiffs, with the Court upholding the Plaintiffs' case that the circumstances gave rise to an apprehended lack of impartiality on the part of the Liquidator.

The judgment can be viewed here:

Goshawk Mining Pty Ltd v Hellyer Metals Pty Ltd, in the matter of Hellyer Metals Pty Ltd (in liq) [2026] FCA 1676

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Marisa Gillam

Lawyer

Marisa works across all aspects of corporate, commercial, and property law, with a particular focus on disputes and litigation.

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John Wilson

Director

John has extensive experience advising clients on a broad range of corporate transactions, including mergers and acquisitions, joint ventures, capital raisings and reorganisations.

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