Court dismisses former IT company director's challenge to overturn ASIC disqualification

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Court dismisses former IT company director's challenge to overturn ASIC disqualification

The Federal Court has dismissed former Voiceworks IT director Rodney Charles Carter’s challenge to overturn a four-year disqualification imposed on him by the Australian Securities and Investments Commission.

Last year, Carter was disqualified by ASIC from managing corporations until 30 July 2021 due to his conduct as director of six companies, which includes Voiceworks IT Pty Ltd.

He claims that he was not properly served by ASIC with the notice and sought a declaration from the court that the decision to disqualify him was not effective.

“In dismissing his claim on 17 July 2018, the court found that Mr Carter was properly served and that he was disqualified from managing companies from when he received the notice of disqualification,” a statement from ASIC read.

“Consequently, Mr Carter is disqualified from managing corporations until 30 July 2021. He is recorded on ASIC’s Banned and Disqualified Persons Register.”

Section 206F of the Corporations Act allows ASIC to disqualify individuals from managing corporations for up to five years if they were officers of two or more companies that have been bankrupt within a seven-year period.

ASIC also 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 practicing in the financial services of credit industry.

A report from The Sydney Morning Herald said Carter is also being investigated by Western Australia’s attorney-general John Quigley for managing to secure a role with the multimillion-dollar Aboriginal charitable trust Njamal People’s Trust.

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