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ASIC has banned a Queensland director from managing corporations for five years following his failure to ensure that the companies under his directorship paid their taxation liabilities, superannuation and payroll tax.
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Tax liability failure sees Qld director disqualified
30 November 2021
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The corporate watchdog has banned agricultural director Giatano Barbera of Bargara, Queensland from managing corporations until 9 November 2026 for his involvement in nine failed companies.
ASIC found that Mr Barbera failed to ensure that the companies paid their taxation liabilities, superannuation and payroll tax; and failed to ensure that the companies kept proper records.
In addition, ASIC found Mr Barbera allowed one of the companies, Barbera Transport, to trade whilst insolvent.
In addition to Barbera Transport, Mr Barbera was the director of Barbera Properties Pty Ltd, Barbera Fresh Pty Ltd, IPG (Global) Pty Ltd, Old Saddleback Road Pty Ltd, Integrated Produce Group (Australia) Pty Ltd, Bowen Production Company Pty Ltd, Barbera Farms Pty Ltd and Farnsfield Pty Ltd – all of which entered liquidation between 2012 and 2018, according to ASIC.
“At the time of ASIC’s decision, the nine companies owed unsecured creditors a total of $53,100,557.75, with at least $3,928,771.45 owed to the Australian Taxation Office,” ASIC said.
“In making its decision to disqualify Mr Barbera, ASIC’s investigation relied on supplementary reports lodged by the liquidator of Barbera Transport, John Goggin of Worrells Solvency and Forensic Accountants, the liquidator of Barbera Fresh, Moira Carter of BRI Ferrier NQ, the liquidator of Barbera Properties, James Imray of Rodgers Reidy, and the liquidator of Old Saddleback, Aaron Lucan of Worrells Solvency and Forensic Accountants.
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“ASIC assisted the liquidators of Barbera Fresh and Barbera Properties to prepare supplementary reports by providing funding from the Assetless Administration Fund.”
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