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Huxley Homes Pty Ltd 

Liquidator appointed

On 17 October 2016 Fair Trading became aware that Huxley Homes Pty Ltd has been placed into liquidation

All construction related activity has ceased due to the liquidation.

A company is placed in liquidation so that an independent and qualified person can take control to wind up its affairs in an orderly and fair way for the benefit of all creditors. For more information, visit the Liquidation page on the ASIC website.

Call 13 32 20 to find out about the impact of the liquidation on your circumstances and leave your details so that Fair Trading can keep you informed of the situation as events unfold or get back to you with a response should your question be of a complex nature.

Liquidator 

The appointed Liquidators are Matthew Caddy and Barry Kogan of McGrathNicol

Tel: (03) 9038 3100

Email: Home_Aust_Customers@mcgrathnicol.com

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Huxley Homes customers 

Home Building Compensation Fund (HBCF) insurance 

HBCF insurance provides protection for home owners. This insurance covers consumers for up to 12 months for incomplete building work after a builder has become insolvent, died or disappeared. It also covers consumers for up to six years for defective building work following its completion.

Consumers should have been given a certificate of HBCF insurance by Huxley Homes shortly after the home building contract was entered into.

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If you have signed a building contract 

Consumers who have signed a building contract with Huxley Homes should immediately lodge an insurance claim with the home warranty insurer.

QBE Insurance manages claims on behalf of SICorp. Consumers with these policies should contact QBE on 1300 790 723. For further information on home warranty insurance claims for Huxley Homes, visit the icare HBCF website.

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If you have signed a pre-contract agreement 

Some consumers may have signed a pre-contract agreement with Huxley Homes for the completion of administrative tasks such as surveying the building site, drawing or amending plans and lodging plans with council.

These consumers should contact the Liquidator regarding their rights under these agreements.

These pre-contract agreements are not covered by HBCF insurance. Consumers who have signed a pre-contract agreement may contact Fair Trading so that we can keep in contact with you as the situation becomes clearer.

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Where work has commenced but not yet completed? 

As the company has gone into liquidation and cannot complete work customers can engage a new licensed contractor or apply for an owner-builder permit. An owner builder permit will not cover work that has already been done under the contract by Huxley Homes Pty Ltd and will be issued for new work to be undertaken on issuing of the permit.

View our information on owner-builder permits.

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Rectification Orders issued by Fair Trading 

Rectification Orders issued by NSW Fair Trading are now null and void.

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NSW Civil and Administrative Tribunal (NCAT) 

The NCAT has a number of current matters that involve Huxley Homes.  The appointment of a liquidator may impact the progress of these matters.

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Legal and financial advice 

Legal advice 

Some aspects regarding the status of the construction of your home may be confusing. If you think you need legal advice, there are a number of organisations that may be able to assist you.

The NCAT produces a factsheet called Getting help which lists a range of services in NSW that can assist with answers to legal questions. Go to the NCAT website to access a copy.

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Financial difficulties 

If you are having financial difficulty with repayments, it is important that you do not ignore the problem. 

You should contact your lender to try and come to some sort of agreement to repay the loan. In some circumstances the lender may agree to a change in the repayment plan to make it easier for you. 

If your lender is not willing to change your repayments you can contact Fair Trading on 13 32 20 and we may be able to help.  In certain circumstances, under the Consumer Credit Code you may also be able to apply for a court ordered relief plan on the basis of hardship.

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Your questions answered 

Why can’t Huxley Homes finish building my house? 

The company has been placed into liquidation. Once a company is placed in liquidation the liquidator needs to determine how best to meet the commitments of the company.

There are significant criminal and civil penalties for Directors found guilty of continuing to trade when they are not able to meet their commitments.

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Sub-contractors and suppliers 

Sub contractors and suppliers seeking payment for a current contract or the supply of materials in relation to a current contract should contact the Liquidator, McGrathNicol.

Sub contractors and suppliers may also call 13 32 20 to leave your details so that Fair Trading can keep you informed of the situation as events unfold.

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Background to this situation 

Monitoring 

Fair Trading has received and responded to a number of complaints related to Huxley Homes.

As a result of these complaints disciplinary action was taken against Huxley Homes Pty Ltd on two occasions and penalties were issued against the company and its director.

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Licensing 

Huxley Homes held contractor licence (155010C).

Huxley Homes’ contractor licence (155010C) was not renewed and is now expired.

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More information 

Fair Trading will work with the Liquidator and HBCF insurer to assist all consumers and others affected by the liquidation.

As soon as further information is available it will be published on the Fair Trading website. If you would like to speak to someone for more information, contact Fair Trading on 13 32 20

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