“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

Gay titles accused over distribution data

This story first appeared in The Australian on 7 October 2013

Advertisers were also told the publication was widely distributed in southeast Queensland when the documents suggested only 310 copies were delivered outside of Brisbane. Source: Herald Sun

AN Office of Fair Trading investigation has been launched into allegations that two of Australia’s largest gay street press publishers, Sydney-based Evolution Publishing and Brisbane’s QNews, had misled advertisers by inflating their distribution numbers by as much as 300 per cent.

In one case, Evolution claimed its fortnightly title Queensland Pride was distributing 15,740 copies per issue at the end of last year when only 4970 copies were going out, according to information provided to the OFT in Queensland.

Advertisers were also told the publication was widely distributed in southeast Queensland when the documents suggested only 310 copies were delivered outside of Brisbane.

Evolution, which also produces titles including SX in NSW, Melbourne Community Voice and South Australia’s Blaze, was wound up in May but a new company, Evo Media, run by the same people and publishing the same titles, launched immediately after.

According to distribution manifests being looked at by the OFT, QNews claimed 14,370 copies of its fortnightly newspaper QNews hit the streets in the last quarter of 2012 when only 7785 editions were actually printed.

The manifests showed that since 2010 QNews appeared not to have printed more than 10,000 copies of any of its publications, with most averaging about 8500 copies or fewer, despite claims it was distributing as many as 16,250 copies.

An OFT spokeswoman said it did not provide details on open investigations. “They are being investigated, that’s the only comment we can make,” she said.

In its 2012 media kit QNews warned prospective advertisers about publications exaggerating their figures. After questions about its distribution practices, QNews has changed the information on its website, removing references to how many copies it prints and scaling back readership and distribution claims. QNews director and publisher Ray Mackereth said he was not aware of any investigation and the company had never “intentionally” reported incorrect distribution numbers.

“Our distribution is entirely available on our website. We try to keep it all as up to date as we can,” he said. No one from Evolution could be contacted to comment on the OFT investigation. Hundreds of small businesses and community groups advertise in the gay street press, including the Gay and Lesbian Business Network, which has had more than $15,000 in government aid to run ads in the publications.

Evolution’s former Victorian manager, Shane Bridges, said he had received complaints from advertisers and distribution points about poor responses to their advertising and from distribution points about not receiving enough copies of Melbourne Community Voice and other publications from the company. “MCV got down to 4950 copies being printed when it was meant to be triple that,” Mr Bridges said.

National distribution company MMPD worked for Evolution and “continually” complained that there were “simply not enough issues printed” and it could not fulfil its distribution manifests, said MMPD managing director Simon Coulter. “The whole point of MMPD’s service was targeted to each distribution outlet, down to the local cafe, so the advertising would work with the exact demographic targeted,” Mr Coulter said. “Evolution’s failure to print even half of what they promised undermined the whole process, so it is a shame to hear we were blamed by their staff.”

Miles Heffernan is a freelance writer who has previously contributed to QNews.

A statement from QNews Publisher Ray Mackereth responding to vicious lies and untruths

This First Appeared in Q News on 23 October 2012

A statement from QNews Publisher Ray Mackereth responding to vicious lies and untruths.

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Recent statements as part of an attack and trolling campaign against me and my businesses including Qnews on the internet are untrue and have no foundation whatsoever. I am shocked to the core that they have been made.

I am responding to the recent false claims that somehow I was involved in having QAHC defunded. The fact is that the first time I ever met or spoke to Lawrence Springborg about anything was about a week after he announced his decision to cut QAHC’s funding. There was no prior meeting. There was no communication. There was no lobbying.

It should also be noted that the author failed to disclose the fact that he was recently involved in a commercial dispute regarding Klub Kruise – a Brisbane men’s club and a dispute between the two shareholders – the manager Brenton Larcombe and me. Because of that dispute, I refused to speak to the author of these false allegations recently.

If the allegations in the article were true, they are disgusting, horrible, a major breach of trust and of proper process. The fact is, they’re not true, never have been and never will be, even if said a thousand times over. I am appalled that the allegations have been made. There is no conspiracy. There was no meeting in trench coats at night in car parks. Elvis is dead! Neil Armstrong really did land on the Moon!

I call upon the author who wrote the article, and those who have republished it as though it were gospel without bothering to get the facts to apologise. I also call on them to retract these untruths immediately.

Let me state very clearly – not only are these allegations total nonsense, they are just plain wrong and downright offensive.

It is worth noting that I did speak with a politician in the lead up to the State Election held earlier this year. That conversation wasn’t with Lawrence Springborg, but with Labor’s former Deputy Premier Andrew Fraser. While meeting with him to help push through civil union legislation, I encouraged Mr Fraser to increase funding to HIV prevention in Queensland because, I like many others was concerned by the rising HIV rates seen in this state over the last decade.

QNews has been a long time supporter of QAHC and we continue to do so as evidenced even in our most recent issues. To repeat, the allegation that I or any of the staff of QNews met either the Health Minister or his advisors prior to the de-funding of QAHC’s HIV funding is false.

The first I heard of QAHC being de-funded was when I was advised to read a Sunday Mail article. After that, QNews sought to meet with both Qld Health and the Minister’s office, as well as Paul Martin, the Executive Director of QAHC so we could write up the story. As this was a significant story, both the editor and I sought to meet face to face with both Mr Springborg and Mr Martin – that is what the media does.

Given the LNP’s reluctance to respond to us throughout the election campaign, we were surprised when, after the de-funding decision had been announced, Lawrence Springborg offered to meet Qnews and other media to explain why he had made the decision to defund QAHC, telling us it was because HIV figures had risen for many years in Queensland (something both sides still agree on today).

When we asked to meet face to face with Paul Martin, the Executive Director of QAHC, he told us that he did not want to meet personally, he instead said he would only answer written questions sent to him but needed time to consider his responses. Mr Martin chose to respond with answers mostly cut and pasted from previous statements and media releases. There remains an open invitation from QNews to Paul Martin and or the QAHC board to meet and discuss any issues that they like.

Both I and the team at QNews have been long term advocates of HIV prevention and will continue to do so. In 2006 QNews ran and funded a 12 month HIV prevention campaign throughout the magazine. In addition, we produced posters that referred people with questions to QAHC and also ACON (AIDS Council of NSW). Basically I put my money where my mouth was and financed this campaign. Importantly we were told 2006 is one of the only years that new HIV rates showed improvement in Queensland.

QNews met with senior QAHC people over the last year, including their Sexual Health Program Manager Chris Clemenston, to ask QAHC to supply HIV prevention information and stories for FREE editorial inclusion, but sadly no stories were forthcoming from QAHC for over 18 months despite the numerous offers of support.

This smear campaign does not stand to any logic either, as it offensively and falsely suggests that QNews pushed for the de-funding of QAHC for financial gain. QAHC was a major advertiser in QNews. Why would I seek to de-fund them? The amount that Queensland Health spends on advertising HIV Prevention adverts currently running in QNews is but a drop in the ocean compared to the safe sex messages that were previously spent by QAHC. Our opposition publication Queensland Pride is also running the current HIV prevention campaign, and NO, they didn’t help to de-fund QAHC either.

The article also suggested that there was something wrong in my speaking to Farmer Dave, David Graham. The reality is different. Dave was recently criticised for being a broad supporter of the LNP while also being critical of the LNP over surrogacy. Vicious remarks were made of Dave online. I offered my support to Dave for having the guts to take the stand that he did about the LNP’s position about surrogacy. I happen to believe that gay rights, and HIV issues are above party politics, and that Dave needed support and ought NOT to have been bullied.

QNews is made up of an amazing team of people, many of them volunteers. We help to support around 120 community groups and will continue to do so. We are in the business of building communities and many people involved are proud of our long track record of supporting our community. We are the only gay LGBT newspaper based here in Queensland and we continue to support all of our state plus Northern NSW who relate to us in a big way. We also believe there is no place for bullies in this world and will not tolerate erroneous accusations and conspiracy theories that try and tarnish the hard work of what we have been able to achieve over many years.

We have long prided ourselves with the strong relationships we have built with Queensland’s LGBT community groups and I hope that we continue to do so.

Ray Mackereth

Publisher QNews

 

PS there is aso a hate campaing by the same one person on Facebook.  If you want to help QNews and stop the bullying then please ask Facebook to close the QNews hate page.  Thank you.