QuoteReplyTopic: Trading without permits Posted: 02/June/2009 at 11:05
I am having problems with an ASIC listed company that refuses to cease trading even though it has no relevent permits. The Local council is onto it but still this company defies authority.
Could someone please tell me how to contact ASIC or another high authority and perhaps what to say.
Ta KFC_puppy
If the council is following up eventually something will be sorted, I suspect that a complaint to ASIC will be even slower, however take a look at their web page for contact information.
You could advise details of the company (including ABN) and what permits it appears to have not obtained.
I am NOT a lawyer. Anything said is NOT legal advice.
At this stage the Council admits it has little to no power If the questional party continues its behaviour.It is my belief the the council is doing as it can. BUT I live with the lawless behavour and need to hasen a resolve. Have looked at ASIC web page, what am I looking for? By the way this a company does advertise on the radio and TV most days so I expect they should have known better from the start.
Councils have power over permits regarding health, food preparation, building modifications etc. If it is outside of this perhaps a state government department may be the next port of call. ASIC are really only involved in ensuring securities are marketed correctly, that false claims on investment opportunities are not made and things regarding appointment of directors and annual reports are correctly handled etc.
Edited by MartinO - 02/June/2009 at 19:58
I am NOT a lawyer. Anything said is NOT legal advice.
It would depend on who the issuing authority for the permit is and who has the policing of the permit, these things are usually enshrined in state legislation. Try a search using the words "legislation", the Name of the state and the type of trading involved. You've spoken to the council, the officer there may be hamstrung on what he can do, but may be happy to point you in the right direction. If it is the council who is not acting perhaps a call to the state government local government office may achieve a result.
I can understand your concern with giving details, some of the multinational firms are quick to sue if they see their interests under threat. Perhaps someone else here may be able to help, I'm at the end of my knowledge on this.
I am NOT a lawyer. Anything said is NOT legal advice.
MartinO,
Sorry to say most of your last ideas have been tried or gone over my head. I have read lots of opinions on other topics and you are brutal and impartial.(perfect). How can you be at the end of knowlwge when I have been at this since Sept 2008 as a simple person with minimal educatio. Please give me a guideline on how to get the message to ASIC's about their non conform ways at a minim please.
I think the best thing I can do is refer you to a free legal centre, the one that seems to be nearest you is the Peninsula Community Legal Centre services phone 9783 3600, Frankston with offices in Bentleigh, Cranbourne, Frankston North and Rosebud. They may be able to help you put together an effective letter of complaint.
I'm not sure why it's ASIC you want, but I'm obviously not in possession of the facts, perhaps you might like to look over the ASIC complaints page here, to find what best suits your concern, then follow the information given.
Please come back here if you need further clarification, hope this helps.
I am NOT a lawyer. Anything said is NOT legal advice.
Ta. ASIC complaints page is spot on. The company in question has no social concience and are placing a lot of people in stressful and financial difficulty. They are even selling one of its parts as an ongoing concern but do not have and will not be able to obtain the permits for the purchaser to have an ongoing financial propersition.
OK glad to help, please let us know how your complaint proceeds, always remembering that the complex case sometimes take years to come to resolution and sometimes bog down and nothing happens.
I am NOT a lawyer. Anything said is NOT legal advice.
Well things are happening. the company in question are habitual in not aplying for permits and finally did so for one of their sites. The Council did reject their request on 23/06/09 and the Local Member of Parliament is now on board too. Mind you even after having been rejeted by council they still continue to trade and have increased their site in question in the past days. I would love to name the company as they know who I am and I am telling only the truth so they have nothing to sue me over.
MartinO,
The Company in question has not change their conduct since being denied permision by the council and continue weekday and weeked trading and the odd night with a red light that even the cops (don't care if they are offended this time) will not look at. I think I have already asked but please give me some idea now.
Ta
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