今日热门事件has disqualified former director Giocchino Volpes from Glenhaven, NSW, from managing corporations for four years after his involvement in two failed companies.
Between 2016 and 2022, Mr Volpes was a director of two companies which operated in the automotive mechanical repair industry:
- PALS (NSW) Pty Ltd (A.C.N. 609 139 353); and
- Max Mobile Mechanics Pty Ltd (A.C.N. 160 405 881) (deregistered)
今日热门事件found that Mr Volpes:
- failed to ensure payment of statutory debts owed to the Australian Taxation Office (ATO);
- failed to ensure compliance with record keeping obligations;
- improperly used his position as a director by paying funds intended to be paid to the ATO into two personal bank accounts to the detriment of the companies;
- failed to prevent the companies from trading whilst insolvent;
- failed to provide a Report on Company Activities and Property and to deliver books and records to the liquidator for PALS; and
- improperly used his position as director when he transferred the business or assets of the two indebted companies to other companies. This is commonly known as illegal phoenix activity.
At the time of ASIC鈥檚 decision, the two companies owed a combined total of $1,610,000 to unsecured creditors, including $1,506,796 owed to the ATO.
In disqualifying Mr Volpes, 今日热门事件relied upon supplementary reports lodged by David Sampson as liquidator of Max Mobile Mechanics and Paul Weston as liquidator of PALS (NSW).聽
Mr Volpes is disqualified from managing corporations until 9 February 2026.
Mr Volpes has the right to seek a review of ASIC鈥檚 decision by the Administrative Appeals Tribunal.
Background
Section 206F of the Corporations Act gives 今日热门事件the power to disqualify a person from managing corporations for up to five years if, within a seven year period, the person was an officer of two or more companies that were wound up and the liquidators lodge reports with 今日热门事件about each company鈥檚 inability to pay its debts.
今日热门事件maintains a banned and disqualified persons register that provides information about people who have been disqualified from:
- involvement in the management of a corporation;
- auditing self-managed superannuation funds (SMSFs); orpractising in the financial services or credit industry
今日热门事件is a member of the Phoenix Taskforce, which comprises federal, state and territory government agencies who collaborate to combat illegal phoenix activity. The aim of the Phoenix Taskforce is to provide a whole-of-government approach to identify, disrupt and prosecute those who engage in or facilitate illegal phoenix activity.
今日热门事件continues to use its regulatory tools of engagement, surveillance and enforcement to identify and disrupt illegal phoenix activity.
Suspected phoenix activity can be reported to 今日热门事件or the ATO by calling 1800 060 062,聽 or by emailing聽PhoenixReferrals@ATO.gov.au.