iscover ASIC bans director for collapsed building companies
RegulationInsolvent trading and $1.2 million in unpaid wages have left a Victorian construction director disqualified for over five years by the corporate watchdog.
ASIC has revealed the disqualification of construction director Veronica Roberts from managing corporations for a five-year period after her involvement in four failed companies.
According to the regulator, Roberts was a director of four companies from 2018–21 that owed unsecured creditors approximately $3.5 million, which included $1.2 million for unpaid wages, superannuation, and employee entitlements.
The four, now insolvent, companies Roberts controlled included Construction Victoria, Crete Services, Titan Victoria Construction, and Empire Plant Hire.
In its investigation, ASIC found in relation to Construction Victoria, Crete Services and Empire, Roberts failed to “exercise proper care and diligence in the governance of the companies”.
“In relation to Construction Victoria and Crete Services, Ms Roberts failed to keep and maintain proper business books and records and traded these companies while insolvent,” ASIC revealed.
In addition to this, it was discovered that Roberts failed to assist the liquidator of Empire and Titan, owing $983,000 to four unsecured creditors.
Roberts was disqualified under section 206F of the Corporations Act, which allows ASIC to disqualify a person from managing corporations for a maximum period of five years in the instance a person was an officer of two or more companies wound up within a seven-year period.
On its decision to disqualify Roberts for the maximum period, it was revealed ASIC relied upon statutory reports lodged by Hamilton Murphy Advisory registered liquidator Stephen Dixon in relation to Construction Victoria, Crete Services, and Titan.
ASIC then relied on Mathew Golant, CJG Advisory registered liquidator, for the statutory reports in respect of Empire.
“Ms Roberts is disqualified from managing corporations until 2 September 2030. Ms Roberts has the right to seek a review of ASIC’s decision by the Administrative Review Tribunal,” it said.
Imogen Wilson
Imogen Wilson is a journalist at Accountants Daily and Accounting Times, the leading sources of news, insight, and educational content for professionals in the accounting sector. Imogen is also the host of the Accountants Daily Podcasts, Under the Hood and Accountants Daily Insider.
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