ASIC has disqualified Miroslav Jack Samardzija of Wamuran, Queensland from managing corporations for the maximum period of 5 years due to his dishonest conduct and flagrant disregard for his duties as a director the failure of three companies.
Between September 2019 and May 2021 Mr Samardzija was the director or officer of three companies that entered liquidation:
- Caboolture Developments Pty Ltd A.C.N. 628 885 414 (Caboolture Developments);
- Sinopacific Constructions Pty Ltd A.C.N. 603 013 583 (Sinopacific Constructions); and
- Land Invest Pty Ltd A.C.N. 627 338 087 (Land Invest).
The companies were involved in the building and construction industry in Brisbane.
ASIC found that Mr Samardzija should be restrained from having the privilege of being a director after he used the corporate structure to his own ends and acted dishonestly, when he:
- Failed to comply with statutory obligations to lodge tax returns for Caboolture Developments;
- Failed to provide the books and records for Caboolture Developments and Sinopacific Construction to the liquidator; and
- Behaved dishonestly in the management of Caboolture Developments by claiming GST refunds using false invoices and bank statements and transferring company funds to the benefit other companies or related parties.
At the time of ASIC's decision, the three companies owed the combined amount of $2,344,867.80 to unsecured creditors, including approximately $1,031,522 to the Australian Taxation Office (ATO).
In disqualifying Mr Samardzija, ASIC relied on supplementary report lodged by liquidator, Mr Samuel Lam of Vincent's Chartered Accountants.
Mr Lam was assisted to prepare the report after ASIC approved funding from the Assetless Administration Fund.
Mr Samardzija is disqualified from managing corporations until 15 April 2029.
Mr Samardzija has the right to seek a review of ASIC's decision by the Administrative Appeals Tribunal.
Background
Mr Samardzija was previously convicted and fined $4,000 plus costs for failing to assist the liquidator of Sinopacific Constructions and Caboolture Developments. In March 2022, Mr Samardzija was convicted and fined $2000 plus costs for contravening sections 475(2) and 530A(1) of the Corporations Act 2001 (Cth) (Act) by failing to submit reports and books and records to the liquidator for Sinopacific Constructions and in September 2022 he was fined a further $2,000 plus costs one contravention of s530(1) of the Act for failing to provide the books and records for Caboolture Developments to the liquidator.
Section 206F of the Act allows ASIC to disqualify a person from managing corporations for a maximum period of five years if, within a seven-year period, the person was an officer of two or more companies, and those companies were wound up and a liquidator provides a report to ASIC about each of the company's inability to pay its debts.
ASIC maintains a banned and disqualified persons register that provides information about people who have been disqualified from:
- involvement in the management of a corporation;
- auditing self-managed superannuation funds (SMSFs); or
- practising in the financial services or credit industry.
