Today Tonight Exposes Scamming Scientologist

[Cherished]

We don't yet have the scoop on what went down in this particular circumstance, but here's the scoop on company liquidation, for those who are interested:

http://www.worrells.net.au/factsheets/Liquidation.htm

In this country (and I think the UK too), liquidation doesn't equate to bankruptcy. One *can* have a company which liquidates, with no financial liability to themselves or to their other companies. That doesn't mean however, that if they are *using* the system as a scam or to avoid responsibility that they will get away with it - There are other laws which cover that, and the directors are or can be subject to litigation.

In Australia, a company is liquidated, an individual is bankrupted.

In the US, "bankruptcy" can apply to a company.

[I told you I was trouble]

So, it was all smoke and mirrors ... a $2 shelf company, and lot's of postulates and intention and showing off to the inferior wogs and potential new meat in order to get her hands on their money.

Sounds like perfectly standard cofs procedure to me.

I wonder if Carly and the cofs will learn anything from this?

[Cherished]

It's quite possible that some of Carly's companies have money and some don't. She may have incorporated a separate company for this particular property deal and then decided not to invest $$ (or couldn't raise the $$ to borrow?) in this particular deal. That doesn't mean she doesn't have $$ in other ventures.

[I told you I was trouble]

It's quite possible that some of Carly's companies have money and some don't. She may have incorporated a separate company for this particular property deal and then decided not to invest $$ (or couldn't raise the $$ to borrow?) in this particular deal. That doesn't mean she doesn't have $$ in other ventures.

Yes true, but in this instance she knew it was a 'money free company' and went ahead and led people up the garden path as far as we can tell.I doubt the other party would have gone ahead with the contract had they known it was a postulate deal ... business is done this way constantly but it doesn't make it OK.

I am assuming there was no 'finance clause' written into the contract.

[Carmel]

In Australia, a company is liquidated, an individual is bankrupted.

In the US, "bankruptcy" can apply to a company.

EDIT: See post below (this post not applicable as response to Cherished's post)

Hmm, not per my experience Cherished, and not per what I've read about it and per what my solicitor has confirmed.

Have there been changes on this issue in the last few years? I ask, because I have a couple of associates who have liquidated one of their companies, but *not* been bankrupt, and they haven't lost personal or other company funds and assets. I also have associates who have been on the other end of it.....Their debtors have liquidated so the bill hasn't been paid, but meanwhile the debtor is still flying high with his other companies.

I have always thought it strange and unfair, but I *have* seen it in practice some years back (in this last decade), in NSW.

[Carmel]

Hmm, not per my experience Cherished, and not per what I've read about it and per what my solicitor has confirmed.

Have there been changes on this issue in the last few years? I ask, because I have a couple of associates who have liquidated one of their companies, but *not* been bankrupt, and they haven't lost personal or other company funds and assets. I also have associates who have been on the other end of it.....Their debtors have liquidated so the bill hasn't been paid, but meanwhile the debtor is still flying high with his other companies.

I have always thought it strange and unfair, but I *have* seen it in practice some years back (in this last decade), in NSW.

Sorry Cherished, I miss read what ya said, so the above isn't applicable in response to ya.

True on what you said...........I made the point in the first place, cause some had thought that if one's company went into liquidation then one would end up bankrupt, which isn't the case.

[I told you I was trouble]

LOL ... yes, you are right Carmel (and Cherished was saying the same thing) ... and anyway I doubt the cofs would allow Carly to declare bankruptcy (even if it were an issue) ... due to the bad PR, I expect they would make sure an arrangement/agreement was reached and then have her (Carly) over a barrel for the rest of her life!

[Human Again]

Thanks Panda,

Yeah beating someone up for not doing a deal is not my idea of "justice" and the fact that she is a scientologist seems irrelevant to me.

Well, not exactly; what I gathered was that she'd entered into a contract to purchase some land for 4.5 Mill and was now backing out of the deal, leaving the offended party stuck with a perceived loss.

There was some criticism of her spending habits, number of shoes owned, her mansion lifestyle etc.

It was a business deal gone very wrong and because of the fact that our Secret Millionaire, Carly, happens to be a "secret scientologist" according to the graphic (she's NOT very secretive about that) the program saw fit to lay some of the blame for the dud deal at the cult's door.

I'm sure that Zhent (or someone) will have recorded it and you can make up your own mind about it but it was drawing a long bow in my opinion.

[Royal Prince Xenu]

I am so sorry to hear this. Is liquidation in AU similar to going bankrupt here in the USA- like it goes to court?

Do whatever you can to sue her personally for fraud and other charges like deceptive trade practices.

Kudos to you and your wife for standing up to this. Hang in there. You're in my thoughts and prayers.

Mary

Not quite. Being a "$2 company" basically means that any lawsuit against the company can only win you the $2 value of the company. It's a common tactic used by individuals to hide behind the "Corporate Veil" but ASIC (Aust. Securities and Investments Commission) is getting much tougher on Directors of these "Companies".

I don't have a current copy of the Queensland Real Estate Contract on hand, but if an exchange had already taken place, the "Purchaser" has to have a damn good reason to be allowed to terminate the contract prior to completion.

Carmel is well-informed on NSW Real Estate Contracts and I agree with her that it is a stretch to attach this one particular case to Scientology but while that link is somewhat tenuous it does contribute to pulling "WISE" out into the open.

Because those phone calls were recorded without the consent or knowledge of Carly they cannot be presented in Court as evidence.

[Free to shine]

Thanks Panda,

Yeah beating someone up for not doing a deal is not my idea of "justice" and the fact that she is a scientologist seems irrelevant to me.

If the program brings to light that all may not be as sweet and rosy as presented in the land of a scientology superstar, then that is good. It may possibly prevent other people getting hurt in the future.