Australia's leading provider of affordable DIY legal kits
Call our Customer Care Specialists on 1300 728 200
   

Legal Forum

Welcome to the FREE AussieLegal Forum

This FREE legal forum is supported by participating lawfirms in your local area.
The information contained in this public forum, and any comments made by the administrators, it's appointed mediators, or members of the public are of a general nature and may not be regarded as financial or legal advice in any way. We recommend that you seek formal advice from a practicing solicitor or licensed financial advisor regarding your particular situation. By registering to use this forum you meet the above criteria and agree to abide by all of the above rules and policies.

To be sure we provide you with the most relevant information to your state, please let us know which state you your legal matter resides in:

ACT  NSW  NT  QLD  SA  TAS  VIC  WA  

AussieLegal recommends this law firm:

  FAQ FAQ  Forum Search   Register Register  Login Login

Previous employer used me as a fake director

 Post Reply Post Reply
Author
  Topic Search Topic Search  Topic Options Topic Options
spaz09 View Drop Down
Newbie
Newbie
Avatar

Joined: 03/January/2012
Location: Australia
Posts: 11
  Quote spaz09 Quote  Post ReplyReply Direct Link To This Post Topic: Previous employer used me as a fake director
    Posted: 03/January/2012 at 14:59
Hi all.

In 2008 my employer at the time, used my name and details (without my knowledge and definately without my consent) as a director of one of his companies in an attempt to avoid payroll tax. I have since found copies of the documents sent to ASIC and found that my signature was also forged on these documents. It looks as though I was the "director" of this company for over 12months.

What legal grounds do I have to stand on? Would I be right in thinking that I could take this guy to court for damages to my name and for fraud.
I would like to speak to a local lawyer about this, but am very short of cash as I had to leave said employment when i found out what had gone on.

Thank You

AsiaOilDude View Drop Down
Legal Guru
Legal Guru


Joined: 17/February/2011
Location: Singapore
Posts: 2495
  Quote AsiaOilDude Quote  Post ReplyReply Direct Link To This Post Posted: 03/January/2012 at 15:38
One of the first things you should do is to notify ASIC in writing (i.e. pretty much what you said here). ASIC should investigate and file charges. As for your employment it sounds like a possible Fair Work Australia case.
Not legal advice. Personal opinion only. Seek legal advice from qualified personnel only.

spaz09 View Drop Down
Newbie
Newbie
Avatar

Joined: 03/January/2012
Location: Australia
Posts: 11
  Quote spaz09 Quote  Post ReplyReply Direct Link To This Post Posted: 03/January/2012 at 15:45
Thanks.
I will notify ASIC and the ATO.
as for my employment, I resigned, i couldn't bare to keep working there once I knew what he had done.

spaz09 View Drop Down
Newbie
Newbie
Avatar

Joined: 03/January/2012
Location: Australia
Posts: 11
  Quote spaz09 Quote  Post ReplyReply Direct Link To This Post Posted: 03/January/2012 at 15:47
And would I be able to sue this individual for useing my name in such a way and for forging my signature on this and many other documents?

MickOne View Drop Down
Senior Member
Senior Member
Avatar

Joined: 29/November/2010
Location: Australia
Posts: 283
  Quote MickOne Quote  Post ReplyReply Direct Link To This Post Posted: 03/January/2012 at 15:57
A potential suit has two hurdles: one grounds and two damages.

Grounds is not so bad, there are a couple of ways to get you across this bar. But the problem you have is damages. There is the old chestnut of mental distress - but that is not going to get you far in Australian Courts.

Unless you can evidence some genuine loss caused by your former employer's actions there is no point.

As mentioned above, ASIC, ATO, and maybe FWA. And it could be worth having a chat with your local police station - you never know what else he has to hide, put it on their radar, so to speak.

spaz09 View Drop Down
Newbie
Newbie
Avatar

Joined: 03/January/2012
Location: Australia
Posts: 11
  Quote spaz09 Quote  Post ReplyReply Direct Link To This Post Posted: 03/January/2012 at 16:08
Thanks MickOne.
The first place i went to was the police, they basically told me that its out of their area and that they had more important things to worry about. Im thinking about maybe also bringing it to the attention of the media. This is a company that employees over 600 people and manufactures a brand that most aussies would know. My big concern is that they did this to me (relatively a sh*t kicker in the company, but one with the wits to uncover), then how many more of their staff have they done it to.

MartinO View Drop Down
Moderator Group
Moderator Group
Avatar

Joined: 02/March/2009
Location: Australia
Posts: 13999
  Quote MartinO Quote  Post ReplyReply Direct Link To This Post Posted: 03/January/2012 at 16:43
I am speaking a bit tongue-in-cheek but what about your directors salary, some directors make a fortune, perhaps you could take this guy for hundreds of thousands?
I am NOT a lawyer. Anything said is NOT legal advice.

Please post your legal questions in a forum rather than sending a PM. Thanks.

spaz09 View Drop Down
Newbie
Newbie
Avatar

Joined: 03/January/2012
Location: Australia
Posts: 11
  Quote spaz09 Quote  Post ReplyReply Direct Link To This Post Posted: 03/January/2012 at 16:49
hahaha. I wish. Do any lawyers still offer free 15minute consultations? I know a few who used to, but struggling to find any at the moment.

AsiaOilDude View Drop Down
Legal Guru
Legal Guru


Joined: 17/February/2011
Location: Singapore
Posts: 2495
  Quote AsiaOilDude Quote  Post ReplyReply Direct Link To This Post Posted: 03/January/2012 at 18:10
Some directors work for free. You must address this however as a director the duties (think personal liability) are quite significant esp. if something goes wrong. It's ASIC's job to prosecute or perhaps refer this to the AFP.
Not legal advice. Personal opinion only. Seek legal advice from qualified personnel only.

christathome View Drop Down
Newbie
Newbie
Avatar

Joined: 05/January/2012
Location: Australia
Posts: 2
  Quote christathome Quote  Post ReplyReply Direct Link To This Post Posted: 05/January/2012 at 16:27
Sorry to here about your situation firstly ASIC is useless THE AFP are useless . The Dpp is uslesss. and so are all the other aurtorities. So don't expect any help from them . If you have no money to fight a lenghty trial Fight back . Expose the bastards via the Net, You have nothing to loose and they have there good name. let them sue you. You obviously have little they can take . Name and shame the bastards . and let everyone in goverment know two .

MartinO View Drop Down
Moderator Group
Moderator Group
Avatar

Joined: 02/March/2009
Location: Australia
Posts: 13999
  Quote MartinO Quote  Post ReplyReply Direct Link To This Post Posted: 05/January/2012 at 16:37
Originally posted by christathome

Name and shame the bastards.

But not here. Otherwise the post gets deleted. We have no desire to become parties to a defamation action.
I am NOT a lawyer. Anything said is NOT legal advice.

Please post your legal questions in a forum rather than sending a PM. Thanks.

MickOne View Drop Down
Senior Member
Senior Member
Avatar

Joined: 29/November/2010
Location: Australia
Posts: 283
  Quote MickOne Quote  Post ReplyReply Direct Link To This Post Posted: 05/January/2012 at 16:41
Chrisathome,

"You have nothing to loose and they have there good name."

Hmm no that's not true, you have a lot to lose if you cannot back up your allegations with admissible evidence. Truth is an absolute defence to defamation, but, proving the truth can be devilish. So, unlike yourself, the OP should not create a website and name everyone who wronged them in life unless they have overwhelming evidence of a nature a court would accept.

"Name and shame the bastards . and let everyone in goverment know two ."

Aren't the Guv'ment the same authorities that are 'uselesss'? have a lie down Chris.

spaz09 View Drop Down
Newbie
Newbie
Avatar

Joined: 03/January/2012
Location: Australia
Posts: 11
  Quote spaz09 Quote  Post ReplyReply Direct Link To This Post Posted: 09/January/2012 at 11:36
The only way I would name and shame would be anonymously to the media via tip offs. I have since found out there are at least 4 other colleagues of mine from working there who have had the exact same thing done to them.
Does anyone know if theres any reports of these things happening in Australia in the past?

AsiaOilDude View Drop Down
Legal Guru
Legal Guru


Joined: 17/February/2011
Location: Singapore
Posts: 2495
  Quote AsiaOilDude Quote  Post ReplyReply Direct Link To This Post Posted: 09/January/2012 at 12:02
Originally posted by spaz09

The only way I would name and shame would be anonymously to the media via tip offs. I have since found out there are at least 4 other colleagues of mine from working there who have had the exact same thing done to them.
Does anyone know if theres any reports of these things happening in Australia in the past?


No. But it sounds like a good story for ACA or similar - esp. if the company is well know. If you REALLY have four others that you can identify I would take this up with ASIC and the AFP. Ignore Christathome - she/he is obviously annoyed that those agencies are not riding her hobby horse.
Not legal advice. Personal opinion only. Seek legal advice from qualified personnel only.

Atikin View Drop Down
Senior Member
Senior Member


Joined: 12/June/2007
Location: Australia
Posts: 257
  Quote Atikin Quote  Post ReplyReply Direct Link To This Post Posted: 10/January/2012 at 16:40
You have suffered indirect loss from this, you were forced to leave your employment and there may be other implications in the future. Check if there is any kind of tribunal for work place disputes in your State and if there is I think I would be worth bringing an action. IT IS NOT WORTH BRINING A COURT ACTION - PLS DONT it will cost you a fortune in stress and money. Also, follow up with ASIC to see if they have done anything.

spaz09 View Drop Down
Newbie
Newbie
Avatar

Joined: 03/January/2012
Location: Australia
Posts: 11
  Quote spaz09 Quote  Post ReplyReply Direct Link To This Post Posted: 20/February/2012 at 21:38
I received a written response from ASIC in short advising that they will NOT be follow up on the complaint :(

iconoclast View Drop Down
Groupie
Groupie
Avatar

Joined: 04/January/2010
Location: Australia
Posts: 1270
  Quote iconoclast Quote  Post ReplyReply Direct Link To This Post Posted: 21/February/2012 at 01:01
ASIC yet again proves that it is not up to its legislative charter to enforce legal compliance with Aussie law. Maybe it's just too hard or maybe well it's just all too tricky for these pen pushers. Fantastic if you are independently wealthy and can afford a $500/hr beak; shame if you are just a battler done down by dirty deeds done dirt cheap. Sigh - you are NOT ALONE; so many fellow sufferers here on this fantastic forum!
not legal advice

 Post Reply Post Reply

Forum Jump Forum Permissions View Drop Down

Want to save money?

Check out our list of do-it-yourself legal kits.

Need formal advice?

Let us help you find a lawyer who specializes in your particular area of law.

Need further information?

Visit our legal forum where you can ask questions and search for similar topics.