Ray Mackereth fails to file amended Response

Ray Mackereth has failed to respond to the further and better particulars he asked for from Brenton Larcombe in the Federak Circuit Court, on why he was an accessory to contraventions of the Fair Work Act for unpaid wages and entitlements

Ray Mackereth has failed to respond to the further and better particulars he asked for from Brenton Larcombe in the Federal Circuit Court, on why he was an accessory to contraventions of the Fair Work Act for unpaid wages and entitlements

Ray Mackereth was granted leave to file an amended response in the Federal Circuit Court today by 4pm, which according to the Court was not done where he is defending a claim for nearly $40,000 for unpaid employee entitlements and superannuation by a former employee.

This appears to leave unchallenged the former manager of his gay sex club Brenton Larcombe’s troubling claims, filed as further an better particulars on the request of Mr Mackereth about why he is an accessory to contraventions of the Fair Work Act.

Mr Larcombe’s further and better particulars are underlined here: Amended Larcombe FWC_Form_4_FCC_0313V1

These include serious allegations about Mr Mackereth’s role as the sole director of Klub Kruise, including that he acted to benefit himself ahead of his company in breach of the Corporations Act 2001 and leaving creditors out of pocket $189,000.

More to come.

 

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Klub Kruise’s landlord hits back at Ray Mackereth’s “lies” as years of wages underpayments emerge

Self-proclaimed man of the community Ray Mackereth’s integrity has been further brought into question in his formal response to Federal Circuit Court proceedings, where he blamed his landlord for Klub Kruise’s failure, with the landlord hitting back in an Affidavit of Josef Senisin’s 2012 lease dealings with Ray Mackereth.

After reading Mr Mackereth’s required Response to the Federal Circuit Court Ray Mackereth responds to Larcombe Lawsuit blaming Landlord, Josef Senisin added yesterday that Mr Mackereth implicating him in his business failings was “lies” and he added that he and his business partner were financially harmed when Klub Kruise allegedly unlawfully damaged his building and breached the lease, resulting in a criminal complaint to Queensland Police.

Court documents claim that Ray Mackereth enjoyed the good life including holidays and hospitality while he didn't pay the award minimum conditions or superannuation in his sex club

Court documents claim that Ray Mackereth enjoyed the good life including holidays and hospitality while he didn’t pay the award minimum conditions or superannuation at his gay sex club

The revelations have arisen as part of a Federal Circuit Court action that accuses Mr Mackereth of being an accessory to serious offences of “core provisions” of the Fair Work Act, which threatens to engulf his separate publishing business Q News, with documents made under oath claim he breached his director’s duties and misappropriated employee entitlements and even that he may be involved in tax evasion.

Senisin claims under oath, and if false he risks a lengthy prison term,  that three times Mr Mackereth was offered an agreement to lease, and that despite him and his business partner agreeing to concessions requested by Mr Mackereth, and Mr Mackereth agreeing to two deals verbally, he never signed the required documents.

Emails attached to Senisin’s affidavit appear to support his version of events, including Mr Mackereth crying poor and seeking a market-review increase in rent to be waived, to have the effect that the new lease term would be less than the current rent Klub Kruise was paying by nearly 15 per cent.

It is unclear how Mr Mackereth can blame his landlord for his failure to find alternate premises, while his cash strapped company owed $189,000, that was immediately due and payable if not under a special payment arrangement with the creditors. This is especially so as his Klub Kruise’s second largest creditor was Mr Larcombe, who expected his money, in full, which was over $41,000 according to the company’s accounting records.

In any event, Mr Mackereth’s response to the Federal Circuit Court is in-keeping with a post in the publication he owns 100 per cent of, Q News, by an anonymous author, on 24 August 2012.

The story included the following:

Brisbane lost a venue last week after the quick closure of Klub Kruise. Sadly, after 10 years serving Brisbane’s gay and bi men, as well as many other visitors and travellers, the club was forced to close its doors after the landlords refused to renew the lease.”

“No reason was offered by the landlord as to why they would not renew the lease to those renting after 10 years, having never missed a payment.”

The “quick closure” of Klub Kruise is also quizzical given it had traded one month past its lease, which Mr Senisin claims in his statement was a gesture of goodwill by him and his partner to raise additional funds for unpaid employee entitlements and superannuation. Senisin also complains that despite him going out of his way, the employees got nothing because of how Mr Mackereth acted.

Mr Senisin referred to the Q News story and the reply to the court more bluntly, simply saying “bullshit”.

Meanwhile Mr Mackereth originally sought to liquidate the company on 22 June 2012 but later changed his mind, according to ASIC documents filed with the court.

An exhibit to Mr Senisin’s affidavit also suggest that Mr Mackereth may not have been ensuring Klub Kruise complied with the correct modern award, likely to be the Amusement, Events and Recreation Award 2010 based on transitional requirements during the award modernisation process.

Mr Senisin attaches an  email to his statement where he swears under an oath it is true, that shows Mr Mackereth attempting to get  a rent reduction on a new lease. Mr Mackereth lamented paying his casual employees “$23.00 per hour and more to come”, when in fact the Sunday rate was closer to $35.00, meaning he may face further action from all former staff who have six years to claim against him personally, just as Mr Larcombe is.

It is also claimed by Mr Larcombe that employees worked in shifts longer than five hours without a break, which under the award entitled them to time and a half which was never paid by Klub Kruise, and that Mr Mackereth admits in Federal Circuit Court documents that he was solely responsible for the corporate behaviour of Klub Kruise.

follow site Have you worked at Klub Kruise between September 2008 until it closed? You may be entitled to claim against Ray Mackereth personally even though the company has closed. With fines, you could come out with more than you were originally owed. Fill in the form and we will connect you with the help you need.

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Coming up Next: Toys. Prams. Floor. An insight into how employees coped with the Ray Mackereth tantrums.

Ray Mackereth accused of being an old hand at living off his employees’ entitlements

Two affidavits filed in the Federal Circuit Court claim that both Q News and Klub Kruise have systemically underpaid superannuation to their staff for years, nearly all of whom earned minimum or award wages, while both companies’ sole director Ray Mackereth lived in a mansion at Paddington largely funded by his business interests.

The documents form part of a long running dispute between the former manager of his sex on premises venue that was exclusively for men that have sex with men. Things escalated dramatically in recent weeks in the Federal Circuit Court, with Larcombe filing a raft of witness statements suggesting Mr Mackereth may not be the community do-gooder that he likes to make out and also suggesting he may be a less than effective company director, even a non-compliant one.

David 'Deeje' Hancock who is also Mr Larcombe's partner says Q News was for a  long time underpaying staff up until he left in 2011

David ‘Deeje’ Hancock who is also Mr Larcombe’s partner says Q News was for a long time underpaying staff up until he left in 2011

In what is emerging as an apparent pattern, David ‘Deeje’ Hancock, the former sales manager then general manager of Q News and also the long-time partner of Mr Larcombe says in his statement Ray Mackereth’s former GM dishes up his dirty dealings,  that it was back in 2006 when he dealt with his first staff complaint about unpaid superannuation and that in 2010, the situation had deteriorated so badly that staff insisted that the Australian Tax Office collect this debt.

According to Mr Hancock, Mr Mackereth had allowed Q News to rack up such a debt with employee’s compulsory superannuation, that some employees were still getting paid back well into 2013 despite leaving in 2011.

The delayed payments also prevented employees cashing in on the huge gains post-GFC that superannuation funds enjoyed as the market recovered. Hancock also claims that 60 per cent of the rent paid on the Paddington residence was once being covered by Q News, despite it only occupying a tiny part of Mr Mackereth’s compound, implicating him in potential personal income tax evasion for fringe benefits should this be proven.

Hancock also confesses to “turning a blind eye” with Mr Mackereth’s alleged misleading conduct to advertisers about circulation and distribution points, grossly inflating printing runs to secure advertisers, even at unjustified higher rates.

In his statement, Hancock said that he near the end of his employment changed his silence  and he had many “heated” exchanges with Mr Mackereth over the alleged fraud against Q News advertisers and readers. Hancock also confesses his behaviour has brought him great shame that he didn’t do more to stop it.

Also in 2010, documents seen by raymackereth.com show that the ATO was undertaking an investigation in Klub Kruise for unpaid superannuation for those staff, which the ATO also found that it was also behind, meaning both Mr Mackereth’s companies were spending their staff’s retirement savings.

On the Q News website Ray Mackereth claims he "has a great sense of social justice" but he stands accused of misappropriating employee entitlements for his personal or business gain

On the Q News website Ray Mackereth claims he “has a great sense of social justice” but he stands accused of misappropriating employee entitlements for his personal or business gain

Extraordinarily, within months of getting back to being compliant and no longer behind in compulsory super, Klub Kruise stopped paying it again, forcing  employees to again complain and the ATO launching a second investigation. At the time of liquidation, 11 employees were duped out of their retirement funds.

Raymackereth.com has also sighted official company records of Klub Kruise that show they were behind on superannuation, GST and PAYG tax from 2009 by as much as $30,000. At one stage, Klub Kruise had three motor vehicles under finance using the company as security by have a registered charge with ASIC. This suggests Mr Mackereth at one point had two vehicles for his personal use being a Jaguar and a late model Jeep, in addition to the fully financed company commercial ute, despite neither of them being needed for company purposes, according to Mr Larcombe and ASIC records.

Mr Larcombe and Mr Hancock now manage a similar business, being a sex on premises venue for men that have sex with men, in the same location where Klub Kruise was known as Number 29 Cruise Club.

Coming up next: Did the Landlord really not renew the lease for Klub Kruise without reason as Mr Mackereth claims? READ:

Klub Kruise’s landlord hits back at Ray Mackereth’s “lies” as years of wages underpayments emerge

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Ray Mackereth in Federal Circuit Court for Unpaid Employee Entitlements

Ray Mackereth in Federal Circuit Court for Unpaid Employee Entitlements

Federal Circuit Court documents tell a devastating story about what appears to be very shameful conduct on behalf of our community hero – Ray Mackereth, when he ran his gay sex on premises venue Klub Kruise.

There is so much, we are going to break this down into parts and this is the first of three installments. Read on…

On 23 June 2014, Brenton Larcombe commenced action in the Federal Circuit Court,  where he clams Mr Mackereth spent his long service leave, annual leave and notice on day to day business needs including funding a late model jeep, a lavish lifestyle and business excess, all while his company floundered.

Larcombe tells the Court that Mackereth has had dodgy dealings that go back a long way, even as far as 2009 while Mr Mackereth putts around in a late model jeep and living the good life all the while Larcombe remains out of pocket:

  1. Annual leave, up to $12,471.10;
  2. Long Service Leave, no less than $13,172.32;
  3. Notice on Termination, $6080.00; and
  4. Superannuation $7,235.96.
  5. THIS TOTALS $39,034.38 THAT LARCOMBE ALLEGES MR MACKERETH WAS INVOLVED IN UNLAWFULLY USING, TO HIS DIRECT PERSONAL OR COMMERCIAL BENEFIT RESULTING IN MULTIPLE SERIOUS CONTRAVENTIONS OF THE FAIR WORK ACT IN HIS CAPACITY AS THE SOLE DIRECTOR, COMPANY SECRETARY, PUBLIC OFFICER AND 80% SHAREHOLDER OF KLUB KRUISE.

Larcombe is also seeking pecuniary penalties (fines imposed by the Court) in the “very high range” which could exceed $30,000.

Ray Mackereth fights on in Federal Circuit Court defending claims he ripped of his deputy nearly $40K

Ray Mackereth fights on in Federal Circuit Court defending claims he ripped of his deputy nearly $40K

Larcombe Throws First Salvo

Nearly two years in the making, Brenton Larcombe drops a bomb on Mr Mackereth in the Federal Circuit Court claiming he is involved as an accessory to contraventions of the Fair Work Act.

Read Larcombe’s Application here: Larcombe sues Ray Mackereth in Federal Circuit Court

Mackereth limply “fires” back blaming his landlord, basically saying “I didn’t done it, blame Josef” Ray Mackereth responds to Larcombe Lawsuit blaming Landlord.

But the big man wanted “further and better particulars” and Larcombe wanted his superannuation added, so an amended application was filed Larcombe’s Amended Claim Against Ray Mackereth.

A special hat tip to Deeje Hancock who knew someone that tipped Raymackereth.com off with this explosive story. It includes ASIC documents containing false information signed by Ray Mackereth being given to the liquidator, misleading advertisements in Q News and nearly $190K of unpaid debts, including him gouging straight from the retirement funds of his staff.

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Ray Mackereth accused of being an old hand at living off his employees’ entitlements

Klub Kruise’s landlord hits back at Ray Mackereth’s “lies” as years of wages underpayments emerge

Stay up to date at the public search of federal law cases here:

Court: Federal Circuit Court – Federal Law, Brisbane Registry
Number: BRG558/2014
Title: Brenton Larcombe v Raymond Mackereth
Filing Date: 23-Jun-2014

Klub Kruise once Ray Mackereth gutted it

Ray Mackereth admits gutting the internal fit out of 29 McLachlan Street, despite his lease not allowing this until after he paid his debts. As he was in arrears on on his lease because he left without giving a month’s notice, on an extension to his lease and hadn’t paid outgoings as was his obligation so Mr Mackereth had no right to touch the fit out.
Added to this,  had Ray Mackereth left the fit out in tact, his staff would have got some money, which according to affidavits filled could be as much as $25K. but by annihilating the guts of Klub Kruise, Mackereth also annihilated any chance his staff had of getting paid, because the land owners tried to make sure they staff got their money..Josef Senisin the landlord also claims that Mr Mackereth was not entitled to touch the fit out in any event as he owned two months of insurances and did not give the prescribed notice, and that Mr Mackereth knocked back $9,000 for fit out provided it went to unpaid entitlements.Worse, by not giving any notice and according to Mr Senisin, it was on 12 July 2012 so a new month was due, this gave the landlord no time, and he had to charge rent from Mr Mackereth’s personal security deposit, which cold have gone to employee entitlements.

It is alleged that Mr Mackereth acted deliberately and maliciously, basically throwing a killer tantrum in a “if I can’t have it, no one can” approach, and thereby would rather see an empty shell then someone make a fist of the business he so miserably failed.

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