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ASIC has disqualified a construction company director over failures to comply with the ATO over related party transactions leading to multiple tax liabilities.
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ASIC disqualifies director over ATO compliance failures
11 February 2022
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9 minute read
Christopher Hopkinson, of Calamvale, Queensland, has been disqualified from managing corporations for four years due to his involvement in four failed companies.
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Mr Hopkinson was a director of four companies that entered liquidation between 2016 and 2020. Enco Projects, Construction Industries Precast, and Enco Project Services were in the building and construction industry. Specialised Workforce Group provided labour hire to the related companies.
“ASIC found that Mr Hopkinson failed to ensure Enco Projects, Enco Project Services and Specialised Workforce Group complied with their Australian Taxation Office (ATO) obligations and allowed Enco Project Services to make payments to related parties avoiding its ATO liabilities,” ASIC stated.
“Mr Hopkinson gave an advantage to himself, related entities and his son to the detriment of the creditors of Enco Projects and Enco Project Services and failed to ensure Enco Projects and Enco Project Services correctly recorded the company’s financial position.”
The regulator also found failures to ensure Specialised Workforce Group properly billed its commercial services to related parties resulting in insufficient funds to cover the company expenses and allowed Enco Projects and Enco Project Services to trade whilst insolvent.
The total amount owed to creditors across all four companies is estimated to be more than $1.982 million, of which approximately $825,911 is owed to the ATO.
In making its decision to disqualify Mr Hopkinson, ASIC relied on reports lodged by Geoffrey Davis and John Morgan of BCR Advisory for Enco Project Services and Enco Projects, and Chris Cook and Michael Griffin of Worrells Solvency and Forensic Accountants for Construction Industries Precast.
ASIC assisted the liquidators in preparing the supplementary reports by providing funding from the Assetless Administration Fund.
Mr Hopkinson is disqualified from managing corporations until 19 January 2026.
Mr Hopkinson has the right to seek a review of ASIC’s decision before the Administrative Appeals Tribunal.
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