“Outrageous” Ray Mackereth threatened with contempt and fined

Ray Mackereth charges photographer after court loss

Mr Mackereth charges photographer outside the Federal Circuit Court after a savage judgement about his “outrageous” behaviour.

****UPDATED****

HERE IS THE DELICIOUS JUDGEMENT IN ALL ITS GLORY.

Larcombe v Mackereth [2015] FCCA 2646 (1)

 

In a savage judgement from the bench, Federal Circuit Court Judge Michael Jarrett admonished the failed sex-boss Ray Mackereth, who copped it more than the trashiest tweaked out random at his former sex-den.

In two blows on the one day, (a fair result for any guest at his old sex-space),  the self-proclaimed community champion Mr Mackereth was threatened with contempt over a bizarre gesturing to his mini-me Toby Longhurst while being cross-examined.

The second blow came when Judge Jarrett repeatedly referred to Mackereth’s behaviour as being “outrageous”, and finding he deliberately acted to contravene the Fair Work Act.

In rejecting his credibility on the stand, Judge Jarrett said Mr Mackereth “made up” evidence and when busted, that he had “no contrition”.

It is understood Paddington is fresh out of aloe vera after Judge Michael Jarrett's sick burn on Ray Mackereth's "outrageous" conduct

It is understood Paddington is fresh out of aloe vera after Judge Michael Jarrett’s sick burn on Ray Mackereth’s “outrageous” conduct

Judge Jarrett was scathing of Mr Mackereth’s corporate behaviour, in finding he was an accessory to serious contraventions of the Fair Work Act, ruling his conduct was “the antithesis” of fair work laws.

Judge Jarrett ordered Mr Mackereth to pay Mr Larcombe over $12,000 in compensation, and ordered over $2000 in fines be paid directly to Larcombe and not to the Commonwealth.

Then out the front of the court house, Mr Mackereth, in his second bizarre act for the day, growling in a guttural scream, he then charged into Brisbane workplace litigator Miles Heffernan from Employment Advisors, who had been working closely with Mr Larcombe during the trial process.

Mr Heffernan said “We support our clients to get results. We are patient – especially with crooks that misappropriate their staff’s entitlements to pay their bills and fund extravagance.

Wow, how does Ray Mackereth afford the lifestyle

While not paying staff, Ray Mackereth still pays to live in a 4 storey mansion with rooftop playground. While gaudy, it is all his. Source: Google Maps

“Mackereth threw both a solicitor and counsel at this problem and it was all for nothing – justice prevailed. While we can help, the real hero here is Brenton Larcombe who eyeballed the bloke who lived off his retirement and holiday funds, while his barrister Peter Kronberg made objection after objection and fought to keep evidence out that showed his client for the louse that he is.

“But Larcombe still won and Mackereth chucked a tanty out the front of the court house. The shame of it all.

“If you have worked for someone like Ray Mackereth, call the team on 1300 853 837 to help you get cost effective access to justice” Heffernan added.

Ray Mackereth's Facebook post from 16 October 2014 that has been dismissed by those in the know at Larcombe's camp as 'delusional'

Ray Mackereth’s Facebook post from 16 October 2014 that has been dismissed by those in the know at Larcombe’s camp as ‘delusional’

Larcombe is back in court in December this year for the final stage of litigation against Mackereth, where this time he is being pursued for unpaid long service leave and superannuation.

On 16 October 2014 Mr Mackereth foresaw this week’s trial in very different circumstances, and goading the self-represented Brenton Larcombe, after a set-back on procedural matters, writing “It could not have been a clearer victory” and appearing to imply that witnesses had something to fear from “being subject to cross examination”.

As it turns it was Mackereth himself who had something to fear, as his nearly four hours in the witness box, was marked by inconsistencies, including Judge Jarrett rejecting some of his evidence as “made up”.

Fair Work Claims

Getting screwed at work? Don’t take it lying down.

Judge Jarrett also rejected Mackereth’s sometimes graphic explanations of his claimed ailing health, finding he set on a course of conduct to “deliberately” deprive Mr Larcombe of his basic entitlements and scolding the fallen sex-boss, calling his behaviour “outrageous” because he “paid ever other other employee” other than Larcombe.

Brenton Larcombe is successfulled sued his former boss Ray Mackereth for unpaid employee entitlements.

Brenton Larcombe successfully sued his former boss Ray Mackereth for unpaid employee entitlements.

In a tragic defence, Mr Mackereth’s counsel Peter Krongberg tried to argue his client was the victim because Mr Larcombe registered Number 29 Pty Limited a month after he understood Mr Mackereth resolved to wind Klub Kruise up. Judge Jarrett knocked that down calling it a “red herring”.

Peter Kronberg was counsel for Ray Mackereth on a direct-access brief and it did not go well

“Dam” good barrister Peter Kronberg lost to self-represented litigant Brenton Larcombe

Kronberg and Mackereth have some history, where back in 2013, Q News published a story claiming “Peter is one of the best in his game with a dam (sic) good reputation for winning cases”.

In this case, Mr Kronberg lost against the self-represented Larcombe, which may not help the “dam” good reputation. Conversely Larcombe must be delighted that he won against “one of the best in (the) game”.

Mackereth’s October 2014 Facebook post also claimed “now I can get on with my life and focus on things that matter, like continuing to work with 120+ community groups…”, but with another trial in December 2015, that appears unlikely.

Mr Mackereth still remains living in a mansion at Paddington, while claiming to be a philanthropist. Now a judge has called him on that narrative.

Mackereth has 28 days to appeal or pay the judgement including the fines, before having default judgement entered and possible bankruptcy.

 

Related:

RAY MACKERETH’S BOOKKEEPER TELLS OF HIS CROOKED WAYS

IRONY WARNING: PUBLISHER RAY MACKERETH COMPLAINS ABOUT MEDIA COVERAGE OF HIM

Ray Mackereth now faces criminal offence for non-payment of wages

Brenton Larcombe has commenced a private prosecution against Ray Mackereth and if found guilty, he risks a conviction being recorded and a fine of up to $20,000 issued by the Industrial Magistrate, for unpaid long service leave of $13,000, court documents show.

The action is in addition to a civil action taken by Mr Larcombe in the Fair Work Division of the Federal Circuit Court, where Mr Mackereth faces further claims from unpaid annual leave, notice and superannuation of $28,000, bringing the total claim to $41,000 and exposing the failed sex boss to penalties of more than $50,000.

Despite the gay sex on premises venue Klub Kruise closing owing $190,000 to its employees, suppliers and the ATO, Mr Mackereth remains a director of gay and lesbian publisher Q News and the Gay and Lesbian Tourism Association (GALTA).

Ray Mackereth's Facebook post from 16 October 2014 that has been dismissed by those in the know at Larcombe's camp as 'delusional'

Ray Mackereth’s Facebook post from 16 October 2014 has proven to be a premature celebration

On 16 October RayMackereth.com reported that Mr Mackereth claimed that a pre-trial hearing left him to claim “it could not have been a clearer victory” and that it would be “an unlikely event” that the case would continue.

That “unlikely event” has now happened, where Larcombe filed a further amended claim (read it here: Larcombe Further Amended Claim) with the Federal Circuit Court and doubled down with an extra claim with the state-based Queensland Industrial Magistrate.

Sources close to the Larcombe camp have told Raymackereth.com that he has had some help from a leading labour law firm that acts for some of the country’s biggest unions.

This  resulted in an expanded claim and forcing Mr Mackereth to now defend two actions, one state and the other federally, including the long service claim being dealt with as a criminal matter, as an offence under the Industrial Relations Act.

Mr Mackereth does not deny that the money has never been paid to Mr Larcombe, nor has he apologised to Mr Larcombe.

Despite admitting being “solely responsible for the corporate behaviour” of Klub Kruise, Mr Mackereth argues that he should not be personally liable for the actions of his company that employed Mr Larcombe, that he was the sole director and 80 per cent shareholder of.

Learn more about GALTA here.

Related

IRONY WARNING: PUBLISHER RAY MACKERETH COMPLAINS ABOUT MEDIA COVERAGE OF HIM

RAY MACKERETH’S BOOKKEEPER TELLS OF HIS CROOKED WAYS

Ray Mackereth claims “victory” in Fair Work Claim, while his opposition ROFLs

Ray Mackereth's Facebook post from 16 October 2014 that has been dismissed by those in the know at Larcombe's camp as 'delusional'

Ray Mackereth’s Facebook post from 16 October 2014 that has been dismissed by those in the know at Larcombe’s camp as ‘delusional’

Ray Mackereth’s “Dubya” Moment

In a bizarre post on Facebook, queer publisher and former gay sex venue king Ray Mackereth wrote “it could not have been a clearer victory” and that it would be “an unlikely event” that the case would proceed, referring to a Fair Work court claim that alleges he was an accessory to serious contraventions of  labour laws.

However his post brought fits of laughter from those close to Brenton Larcombe, who is bringing the claim against Mr Mackereth. Mr Larcombe’s partner Deeje Hancock was barely able to complete his sentences while talking with Raymackereth.com.

Finally he was able to spit out between giggling “Oh he (Mr Mackereth) must not have been in the same court room as I was yesterday.

“While it is true that some of Brenton’s documentation has to be re-worked and re-filed, that is because he is self-represented and is learning as he goes, while Mackereth has the best legal team that Brenton’s money can buy.

“The judge was awesome, because Brenton asked for heaps of documents in a discovery application so he could show to the court just how colourful a businessman Mackereth was. But the judge wanted to get to the point of things and in doing so he streamlined the whole case,” Hancock explained.

“The judge said that he thinks all we need are three witnesses and the documents held by the liquidator. So now it is all about Brenton, Mackereth and importantly the liquidator, who will able to talk directly – and be cross examined as an expert – about the questionable or down right unlawful corporate behaviour of Mr Mackereth,” he added.

Mr Hancock also says that Mr Larcombe’s quest to have Mr Mackereth face the music just got a whole lot easier. “This also means the trial has been compressed. It is all good news for Brenton. Even the judge thinks it will only take a day, but he set it down for two just in case,” he said.

“So Brenton has to file one more document after seeking legal advice and the liquidator will really do the rest, by going through the story the document tells. Big deal. Mackereth thinks that is an “unlikely event”. Brenton has been waiting two years to get what is owing, and for that man to do the right thing,” Mr Hancock claimed.

Mr Mackereth’s post that would have people believe that Judge Burnett basically ended the case could not be further from the truth, according to Mr Hancock. “The judge has given Brenton a full month to get the documents re-filed and has agreed that both the adverse action claim for sacking Brenton while on sick leave is in, plus the Fair Work Act contraventions are still in play.

“As the judge said “the answers lie in the books, they always do”. Now Brenton can focus his revised claim on the precise areas that judge wants to hear from,” Hancock said.

Those close to the Larcombe camp think this is Mackereth's George W Bush Moment

Those close to the Larcombe camp think this is Mackereth’s George W Bush Moment

Mr Hancock also said it was “strange” that Mr Mackereth thought it was important to note in his post that “all witnesses will be subject to cross examination”. Still laughing he said “no shit Sherlock, that is what happens in a court room. I don’t think the case will be resolved by a pillow fight.”

He also said that this early call of victory was Mr Mackereth’s George W Bush moment, making reference to the “Mission Accomplished” sign hoisted over ten years ago about the war in Iraq that is still being fought today, albeit with a different context.

To clear up which camp was closer to the mark, your friends at raymackereth.com thought we’d check, so off we went to the court order which said the following word for word:

THE COURT ORDERS:

1. That the application in a case filed 7 July 2014 be dismissed.

2. That the amended application in a case filed 22 September 2014 be dismissed.

3. That the amended application in a case for summary judgment filed 22 September 2014 be dismissed.

4. That the application in a case for disclosure filed 4 September 2014 be dismissed.

5. That the amended Form 4 claim filed 31 July 2014 be struck out.

6. That the applicant file and serve a further amended Form 4 claim by 4.00pm on 12 November 2014.

7. That the respondent file and serve any response to the further amended claim by 4.00pm on 17 December 2014.

8. That the respondent file and serve any further material in response by 4.00pm on 6 February 2015.

9. That the applicant be given leave to make an application for non-party disclosure against the liquidator of Klub Kruise Pty Ltd (In Liq).

10. That there be further mediation of the matter before a registrar of the court on or before 4.00pm on 29 May 2015.

11. That the matter be listed for hearing of two (2) days’ duration commencing at 10.00am on 17 August 2015.

12. That the parties have liberty to apply.

These 12 points do appear to confirm Mr Hancock’s take that Mr Mackereth may have jumped the gun when he wrote “now I can move on with my life and focus on real things that matter”. Mr Hancock said in response “I am surprised that the misappropriation of employee entitlements and  superannuation, all while sacking Brenton when while on sick leave, from the bullying that WorkCover found was at the hands of Mackereth, are not “real things” that matter to him. I bet by the time this case is over they will. They will be abundantly real.”

Mr Hancock finished the interview asking if he could give Mr Mackereth some gratuitous  advice in response to his FB post. It went as follows:

Dear Ray,

Look pet, the dates are set out clearly and I know that you were not so crash hot when it came to filing your amended reply – remember it was a week late because those meanies on social media and that meanie Brenton exercising his lawful right to sue you – made you sad.

While you would like to “get on with your life” and spend your time with charities rather than taking responsibility closer to home, you should pay particular attention to 12 November 2014 (oh and special attention to 17 December as a week late would be Christmas – literally) and the early part of 2015, because honey, the judge has let Brenton subpoena the books and oh what fine reading that will make. And then when that is done, the liquidator will tell the court about how you ran up $190K of debts you could not pay when due. Cross examine that sweetheart. 

Ouch! 

Related:

Publisher Ray Mackereth complains about media coverage of him

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

Ray Mackereth in Federal Circuit Court for Unpaid Employee Entitlements

Ray Mackereth an Unreasonable Manager: WorkCover

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.

 

RELATED

 

Ray Mackereth in Federal Circuit Court for Unpaid Employee Entitlements

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

RELATED:

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