ASIC & ATO to protect business & community interests.

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Aboriginal Australian's have been fighting endlessly over the years to prevent fake Aboriginal art as it harms culture and destroys opportunities and financial security for Aboriginal people.

On 26 June 2019 the NSW Supreme Court made a landmark ruling regarding fake Aboriginal art in the case; Australian Competition and Consumer Commission v Birubi Art Pty. Ltd. ACN 118 654 336 for mislead, or deceptive conduct by Justice Perry 26 June 2019.

After a lengthy period in and out of court since 2018 the NSW Supreme Court successfully ruled in favour of the ACCC and imposed the penalty of a fine for $2.3 million dollars confirming there was mislead, or deceptive conduct. As a result the Director Ben Wooster is a breach of the directors’ duties by failing to act in good faith and failing to act in the best interests of the company.

I am petitioning Australian Securities & Investments Commission place Ben Wooster of Birubi Art on the Banned and Disqualified Register for Directors with ASIC. And for ASIC and the Australian Taxation Office to launch a full scale investigation into transparency with the liquidation process, market value in the transfer of assets and all business operations. 

Please sign to support the stance against fake Aboriginal art and to ensure justice is served in full to remove Ben Wooster from any further damage he can do as a director. We need ASIC and the ATO to take immediate action to protect businesses and the community from such behaviour. 

For more information of the case please go to: https://www.abc.net.au/news/2019-06-26/federal-court-imposes-$2.3-million-penalty-on-birubi-art/11247904

http://www.terrijanke.com.au/single-post/2019/02/01/ACCC-v-Birubi-Federal-Court-rules-against-misleading-conduct-over-fake-Aboriginal-Art

Or simply google Biribu Art. In a nutshell Ben Wooster has not yet declared bankrupt. He has moved pretty quickly to serve cease and desist letters for copyrights infringements with the Aboriginal Flag. This action has only been as recent as his legal proceedings with the ACCC and the expectation of a heavy fine to be imposed. It's not rocket science because any heavy fines imposed that is unable to be paid would mean the business becomes insolvent and is required by law not to trade if unable to pay debts. Birubi Art is currently in VOLUNTARY liquidation. However, as is the nature of the Corporations Act 2001 little Benny becomes personally liable for any debt incurred if he breaches his duties as a Director. He can't apply for bankruptcy without giving up his position as a company director because by law any person/s who are bankrupt are automatically disqualified from becoming the Director of a company. So in light of the whole fake art saga there is a money grab using the license for the Aboriginal Flag to boost their finances and ... drum roll please ... pay the anticipated fine for fake Aboriginal art off using the money from the Aboriginal Flag. How unethical is that?! Where is the respect for Aboriginal culture????

I am currently drafting generic letters of complaint for anyone who would like to lodge a complaint directly to ASIC and the ATO, which will be updated this weekend and a link added for people to download. In the meantime feel free to browse the draft, maybe even copy, paste and change it and go on right ahead and lodge it: 

 

29 June 2019

The Complaints Officer
Australian Securities & Investments Commission

GPO Box 9827
SYDNEY NSW 2001
DX 653 Sydney

To whom it may concern;

Re: Complaint – Ben Wooster of Birubi Art Pty. Ltd. ACN 118 654 336.

I would like to bring to your attention the landmark ruling for fake Aboriginal art in the NSW Supreme Court case; Australian Competition and Consumer Commission v Birubi Art Pty. Ltd. ACN 118 654 336 for mislead, or deceptive conduct by Justice Perry 26 June 2019. After a lengthy period in and out of court since 2018 the NSW Supreme Court successfully ruled in favour of the ACCC and imposed the penalty of a fine for $2.3 million dollars confirming there was mislead, or deceptive conduct. It is therefore understood that such mismanagement by a company’s director is a breach of the directors’ duties by failing to act in good faith and failing to act in the best interests of the company. As a result I would like to lodge an official complaint with ASIC relating to Ben Wooster of Birubi Art and ask that ASIC place Ben Wooster on the banned and disqualified register for Directors.

Ben Wooster has demonstrated a lack of ethical and moral behaviour by breaking the law which clearly indicates he is highly capable of deception. During the launch of legal proceedings, in the midst of the current liquidation for Birubi Art, it was requested within a Notice of a Meeting of Creditors that all books and records be considered for early destruction. And whilst this request is legal, in the common interest of full transparency, after a clear breach of directors’ duties one must question the motive to rush such an action. It is logical to suggest the motive is to be of less than a good nature. It also highlights the question of ethical, moral and legal behaviour and transparency between Ben Wooster and the liquidator (David James Hambleton). Has Ben Wooster declared all assets and purchased those assets for market value in the winding up for Birubi Art and establishment of WAM Clothing Pty. Ltd., Aboriginal Flag Clothing, The Trustee for Gifts Mate Trust, Creative Souvenirs and Bunji Art? Because it has been drawn to the attention of many within the wider Australian Community, in particular the Aboriginal Community, that many assets have been transferred including; a website, property and other various assets including Harold Thomas’ Aboriginal Flag Design licensed to WAM Clothing upon which WAM Clothing is serving cease and desist notices to various businesses and seemingly in negotiations with some. A complaint has been with the ATO relating to any investigation with assets and I would like to request ASIC to also investigate, and work with the ATO, to understand the depths and transparency of the liquidation process. Has the value for negotiations, relating to the Aboriginal Flag, requested from those various businesses has been paid in full and transferred to Birubi Art as the license has already transferred over to WAM Clothing. As this is the true market value. It is suspected that the true market value was not disclosed to liquidators nor paid to Birubi Art. Another possible breach of directors’ duties? Perhaps through illegal phoenix activity?

I would like to thank you for your time and hope that you are able to tend to this issue as soon as possible as the impact is far reaching. Ben Wooster has already demonstrated a breached in his duties through the ACCC court case and needs to be banned and disqualified as a director ASAP. By launching further investigations into his misconduct and breaches as a director ASIC, and hopefully the ATO, is able to prevent other businesses, people and community from being negatively impacted by Ben Wooster’s deceit. I strongly believe that the Australian public, and people overseas, have subject to enough deception by Ben Wooster.

Warmest Regards,