Hello,
This email message is a notification to let you know that
a file has been uploaded to the Files area of the otmushrooms
group.
File : /Compensationapplication.pdf
Uploaded by : nick4mony
Description : (from David Letcher) Form for claiming compensation from the
ATO.
You can access this file at the URL
http://au.groups.yahoo.com/group/otmushrooms/files/Compensationapplication.pdf
To learn more about file sharing for your group, please visit
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Regards,
nick4mony
Richard Watson wrote:
> I notice that OT has vacated 20 Prospect St Box Hill. Can anyone
> tell me what has become of them?
Gone to Tally-Ho technology park.
Renamed s2net
See www.s2net.net
I notice that OT has vacated 20 Prospect St Box Hill. Can anyone tell me
what has become of them?
Richard Watson
Lecturer
Caulfield School of IT
Monash University
[Non-text portions of this message have been removed]
Did the ATO go after S2NET (OT) and get the money? Could we do a civil suite and
get our pay?
Paul
> nick4mony <no_reply@...> wrote:
>
> --- In otmushrooms@..., "landau351"
> <david_letcher@a...> wrote:
>
> > I have sent Nick Bishop a copy of an email from "ATO complaints"
> > together with electronic versions of two documents (as I can't post
> > them here).
>
> OK, I've got them on my computer. They'll be up in a couple of days,
> once I figure out what I can delete from my Public File Archive
> (because it is out of space).
>
> The other thing is ... just today, I got a letter from the ATO
> advising about the payment they made on 26 Oct 2005 for an amount that
> was 110% of the super that was owed by O.T. - that is 110% of the
> total, not 110% of the 43%. I thought it a bit strange they waited
> until the end of the tax year until they sent this letter.
>
> Nick Bishop
> -----
> For those that don't remember this from the Age a couple of months
> ago: A real brass plate, seen in Ireland
>
> Argue & Phibbs,
> Solicitors
> -oOo-
>
>
>
>
>
>
>
> Reminder: this message is not private. Anyone (including non-members of
> this group) can read this message in the archives.
>
> Useful links:
> Yahoo! Groups Links
>
>
>
>
--- In otmushrooms@..., "landau351"
<david_letcher@a...> wrote:
> I have sent Nick Bishop a copy of an email from "ATO complaints"
> together with electronic versions of two documents (as I can't post
> them here).
OK, I've got them on my computer. They'll be up in a couple of days,
once I figure out what I can delete from my Public File Archive
(because it is out of space).
The other thing is ... just today, I got a letter from the ATO
advising about the payment they made on 26 Oct 2005 for an amount that
was 110% of the super that was owed by O.T. - that is 110% of the
total, not 110% of the 43%. I thought it a bit strange they waited
until the end of the tax year until they sent this letter.
Nick Bishop
-----
For those that don't remember this from the Age a couple of months
ago: A real brass plate, seen in Ireland
Argue & Phibbs,
Solicitors
-oOo-
Ok, It's been a while, but here is what (finally) transpired.
Nobody on the normal ATO help line knew how to help. I was told that
I was paid in error, or other complete rubbish.
Eventually I was told that I can contact "ATO complaints". At the
complaints line, I finally found someone that wasn't a complete idiot
and thus able to unravel the mess and get the monies paid to my new
Super fund.
I was also told that I could claim "compensation" for the incredibly
long time it took them to pay me. I don't mean since Dec' 05, this
refers to the entire time since OT.
Today I received a letter telling me they approved the claim and paid
more $$ to my Super scheme. YAY!!!
I have sent Nick Bishop a copy of an email from "ATO complaints"
together with electronic versions of two documents (as I can't post
them here).
The first doco is an explanation of what they consider a valid claim
and the 2nd doco was the actual claim sheet.
In part, the info. doc states;
"More information
For compensation enquiries, or to order Applying for compensation
(NAT11669):
• phone the toll-free compensation assistance line on 1800 005 172, or
• email mailto:compensation.application@....
"
Below is the email from Simon telling me how to claim compo. This
email (and the two attached documents) has been sent to Nick. I have
asked him to post them here.
=================== email ===================
Information about lodging a compensation claim
I refer to our conversation earlier today in relation to the lodgement
of a compensation claim against the Australian Taxation Office (ATO).
2. Please find attached an application for compensation form
which you may complete in order to lodge a compensation claim against
the ATO.
3. The information that the ATO will require in order to
assess your claim is the following:
(a) the basis of the claim, focussing in detail, with
particulars, on the losses that you consider you have suffered;
(b) the details of how you consider these losses have
been directly caused by the conduct of the Tax Office and or its
officers; and
(c) any documentary evidence of the losses claimed
such as, a copy of your Bank statement which notes the amount of the
Dishonour Fee.
4. I have attached a copy of an ATO brochure entitled,
"Claiming Compensation" for your information. Please also note that
the ATO has further information available on the website at
www.ato.gov.au.
5. Please do not hesitate to call me if you would like me to
clarify or provide you with further information.
Yours sincerely,
Simon Richards
Legal Adviser
Government Law & Practice
Australian Taxation Office
Ph: (02) 6216 1057
Fax: (02) 6216 1247
Email: Simon.Richards@...
Originally, the ATO increased the money owed to me when they made a
payment to my super fund in December 05.
Sadly, they had paid it into an old super scheme. The old super
scheme then returned it to the ATO who deducted the extra money to a
lower amount than even OT say they owed. This lower amount was paid
to the new super scheme yesterday.
The Tax office claim that the reversal must be as a result of
something that the employer (OT) has done, or did do, in December 05.
The ATO paid me only what they think OT paid them. The amounts they
have on record do not add up to the amount claimed to have been paid
by OT.
I am now going to contact OT to see what they had done (if anything)
to reduce my Super entitlement
- David Letcher
Hi all
I haven't got any letters form ATO. But somebody from ATO called me and said
my super will be sent to my nominated super fund. The amount too seems to be
more than what was originally said. I have to check with my fund now.
Bandula
tdnorthey <no_reply@...> wrote:
My online super fund statement says my outstanding OT super was paid
into my super fund on 29 Dec.
The amount was what ATO had said it would be - approx 110% of what was
originally owed rather than 43%.
BTW, I did not receive any letters from the ATO about this.
Reminder: this message is not private. Anyone (including non-members of this
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[Non-text portions of this message have been removed]
My online super fund statement says my outstanding OT super was paid
into my super fund on 29 Dec.
The amount was what ATO had said it would be - approx 110% of what was
originally owed rather than 43%.
BTW, I did not receive any letters from the ATO about this.
OSS Sales Position
Required: Sales person who understands the value proposition of selling OSS
type software to large telecommunications groups.This is the leading product
for performance management in the wirelesss world and requires someone who
can sell at the top end of organisations. They do not need to be an engineer
but have an understanding of what the technology can deliver to the
business. This is an Australian and NZ role so there will be travel
required.
Please e-mail me at p.s.davis@... if you are interested or know of
anyone from OT days who fits the bill.
regards
Paul Davis
I have received no letter from the ATO so yesterday I got onto
http://www.ato.gov.au/super/content.asp?doc=/content/33301.htm
which is a tool that will look for your lost superannuation and
provide you with possible matches.
Previously this has shown no matches, but now it shows "a possible
match with ...Superannuation Holding Account Reserve (SHAR) and/or
superannuation guarantee records".
It says to ring 13 10 20, which I did just now, and I must have got
through to the sheltered workshop within the ATO.
The call centre person couldn't find anything under super guarantee
or anywhere else, and after about 25 mins of me insisting there was
something there in Super Guarantee, and she wanting to know when it
was paid and what super fund she should look in for it, and thinking
an assessment was issued against OT, she put me on hold for 10
seconds and must have asked someone else because she came back and
told me it was there under super guarantee, and how much it was.
Like the others it is about 10.something percent more than the total
amount of super we should have got (i.e. approx 110% of the amount
we were owed, not 43% of it).
For some reason, the ATO has my old super fund (which has closed)
recorded as my current super fund, so they want me to send in a
Super fund nomination.
http://www.ato.gov.au/content/downloads/nat8676.pdf
Note the fax number on the form is wrong - I was told the correct
one is 1300 139 024.
Tough. Perhaps try to call them again, you may get a more sympathetic
person next time. I had no trouble at all.
If you choose to write, be prepared for a 5 month wait for any reply. I
sent them a letter end of May and did not hear anything until 3rd
November.
--- benedict
-----Original Message-----
From: otmushrooms@...
[mailto:otmushrooms@...] On Behalf Of Paul Davis
Sent: Tuesday, 8 November 2005 4:58 PM
To: otmushrooms@...
Cc: p.s.davis@...
Subject: Re: RE: [Unpaid Mushrooms] OT Superannuation payment by the tax
office
The ATO would not give me a break down over the phone as they required
me to put my request in writing!
Addressed to:
Superannuation - SG Payment
PO Box 277
World Trade Centre
Victoria, 8005
+ Tax file, letter reference, company name, ABN, etc...
regards
Paul
> Lofstedt, Benedict <Benedict.Lofstedt@...> wrote:
>
> I had a similar letter on Thursday.
>
> I rang my fund - they had not got any money.
>
> I rang the ATO and complained about being given a figure without any
> breakdown, saying that I found it to be a very unusual practice. I
also
> complained about the missing payment.
>
> I got a breakdown over the phone, and was promised to have one sent to
> me by post. The operator also promised to check the missing payment,
and
> to re-issue the payment if necessary.
>
> The figure was also higher than my estimate. The breakdown over the
> phone told me that this was due to
> - the 2001-2002 payment being topped up to 100% of what's owed (I
> suppose that's ATO paying what OT did not pay as part of the DoCA
> - interest on the 2001-2002 payment (a little bit more than 10% of the
> full amount)
> - interest on the 2002-2003 payment (I was a continuing employee) (a
> little bit more than 10.5% of the amount)
>
> If you make similar adjustments to the sums you got from Deloitte you
> should get pretty close to the ATO figures.
>
> My fund is still not showing any moneys having been paid. I'll wait
> another week and check again.
>
> --- benedict
>
>
> -----Original Message-----
> From: otmushrooms@...
> [mailto:otmushrooms@...] On Behalf Of Richard Watson
> Sent: Monday, 7 November 2005 5:44 PM
> To: otmushrooms@...
> Subject: [Unpaid Mushrooms] OT Superannuation payment by the tax
office
>
> I was informed by the tax office today that the superannuation owed to
> me by OT was paid to my superannuation fund on 20 October 2005. I have
> not yet verified this with my fund but the amount the tax office
quoted
> was considerably more than the amount that Deloittes told me they had
> paid to the tax office on my behalf.
>
>
>
> Richard Watson
>
>
> --
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> 11/5/2005
>
>
>
> [Non-text portions of this message have been removed]
>
>
>
> Reminder: this message is not private. Anyone (including non-members
of
> this group) can read this message in the archives.
>
> Useful links:
> Yahoo! Groups Links
>
>
>
>
>
>
>
>
>
>
>
>
> Reminder: this message is not private. Anyone (including non-members
of
> this group) can read this message in the archives.
>
> Useful links:
> Yahoo! Groups Links
>
>
>
>
Reminder: this message is not private. Anyone (including non-members of
this group) can read this message in the archives.
Useful links:
Yahoo! Groups Links
The ATO would not give me a break down over the phone as they required me to put
my request in writing!
Addressed to:
Superannuation - SG Payment
PO Box 277
World Trade Centre
Victoria, 8005
+ Tax file, letter reference, company name, ABN, etc...
regards
Paul
> Lofstedt, Benedict <Benedict.Lofstedt@...> wrote:
>
> I had a similar letter on Thursday.
>
> I rang my fund - they had not got any money.
>
> I rang the ATO and complained about being given a figure without any
> breakdown, saying that I found it to be a very unusual practice. I also
> complained about the missing payment.
>
> I got a breakdown over the phone, and was promised to have one sent to
> me by post. The operator also promised to check the missing payment, and
> to re-issue the payment if necessary.
>
> The figure was also higher than my estimate. The breakdown over the
> phone told me that this was due to
> - the 2001-2002 payment being topped up to 100% of what's owed (I
> suppose that's ATO paying what OT did not pay as part of the DoCA
> - interest on the 2001-2002 payment (a little bit more than 10% of the
> full amount)
> - interest on the 2002-2003 payment (I was a continuing employee) (a
> little bit more than 10.5% of the amount)
>
> If you make similar adjustments to the sums you got from Deloitte you
> should get pretty close to the ATO figures.
>
> My fund is still not showing any moneys having been paid. I'll wait
> another week and check again.
>
> --- benedict
>
>
> -----Original Message-----
> From: otmushrooms@...
> [mailto:otmushrooms@...] On Behalf Of Richard Watson
> Sent: Monday, 7 November 2005 5:44 PM
> To: otmushrooms@...
> Subject: [Unpaid Mushrooms] OT Superannuation payment by the tax office
>
> I was informed by the tax office today that the superannuation owed to
> me by OT was paid to my superannuation fund on 20 October 2005. I have
> not yet verified this with my fund but the amount the tax office quoted
> was considerably more than the amount that Deloittes told me they had
> paid to the tax office on my behalf.
>
>
>
> Richard Watson
>
>
> --
> No virus found in this outgoing message.
> Checked by AVG Free Edition.
> Version: 7.1.362 / Virus Database: 267.12.8/162 - Release Date:
> 11/5/2005
>
>
>
> [Non-text portions of this message have been removed]
>
>
>
> Reminder: this message is not private. Anyone (including non-members of
> this group) can read this message in the archives.
>
> Useful links:
> Yahoo! Groups Links
>
>
>
>
>
>
>
>
>
>
>
>
> Reminder: this message is not private. Anyone (including non-members of
> this group) can read this message in the archives.
>
> Useful links:
> Yahoo! Groups Links
>
>
>
>
I had a similar letter on Thursday.
I rang my fund - they had not got any money.
I rang the ATO and complained about being given a figure without any
breakdown, saying that I found it to be a very unusual practice. I also
complained about the missing payment.
I got a breakdown over the phone, and was promised to have one sent to
me by post. The operator also promised to check the missing payment, and
to re-issue the payment if necessary.
The figure was also higher than my estimate. The breakdown over the
phone told me that this was due to
- the 2001-2002 payment being topped up to 100% of what's owed (I
suppose that's ATO paying what OT did not pay as part of the DoCA
- interest on the 2001-2002 payment (a little bit more than 10% of the
full amount)
- interest on the 2002-2003 payment (I was a continuing employee) (a
little bit more than 10.5% of the amount)
If you make similar adjustments to the sums you got from Deloitte you
should get pretty close to the ATO figures.
My fund is still not showing any moneys having been paid. I'll wait
another week and check again.
--- benedict
-----Original Message-----
From: otmushrooms@...
[mailto:otmushrooms@...] On Behalf Of Richard Watson
Sent: Monday, 7 November 2005 5:44 PM
To: otmushrooms@...
Subject: [Unpaid Mushrooms] OT Superannuation payment by the tax office
I was informed by the tax office today that the superannuation owed to
me by OT was paid to my superannuation fund on 20 October 2005. I have
not yet verified this with my fund but the amount the tax office quoted
was considerably more than the amount that Deloittes told me they had
paid to the tax office on my behalf.
Richard Watson
--
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Checked by AVG Free Edition.
Version: 7.1.362 / Virus Database: 267.12.8/162 - Release Date:
11/5/2005
[Non-text portions of this message have been removed]
Reminder: this message is not private. Anyone (including non-members of
this group) can read this message in the archives.
Useful links:
Yahoo! Groups Links
I was informed by the tax office today that the superannuation owed to
me by OT was paid to my superannuation fund on 20 October 2005. I have
not yet verified this with my fund but the amount the tax office quoted
was considerably more than the amount that Deloittes told me they had
paid to the tax office on my behalf.
Richard Watson
--
No virus found in this outgoing message.
Checked by AVG Free Edition.
Version: 7.1.362 / Virus Database: 267.12.8/162 - Release Date:
11/5/2005
[Non-text portions of this message have been removed]
Having just returned from a contract job in New Zealand I came across
the following letter from Tony Robinson MP amongst my mail. It seems
that Tony is still fighting for justice for retrenched employees. If
anyone is interested in talking to Tony please let me know.
Richard Watson
________________________________________________________________________
_____________________________
9 June 2005
Dear Richard
GEERS
I enclose for your information a copy of a letter I have received from
the Federal Minister for Industrial Relations in response to my earlier
query about certain aspects of the General Employee Entitlements and
Redundancy Scheme.
The Minister makes a number of points, perhaps the most significant of
which is the relatively few number of cases in which Deeds of Company
Arrangements (DoCA) have disturbed the order of priority specified in
the Corporations Act.
I’d be more than happy to discuss this with you further – it may be that
given the relatively few cases in which DoCAs interfere with
distributions, a new procedure should apply to facilitate the provision
of entitlements.
Yours sincerely
Tony Robinson MP
Member for Mitcham
Enc.
Mr Tony Robinson MP
Member for Mitcham
9 Blackburn Road
Blackburn Vic 3130
1 Jun 2005
Dear Mr Robinson
I refer to your letter of 23 February 2005 concerning the legislation of
the General Employee Entitlements and Redundancy Scheme (GEERS).
The Australian Government is the first government to seriously address
the issue of employee entitlements lost as a result of an employer’s
insolvency. GEERS was established by this Government against a
background of inaction by the Federal and State Labor parties, including
a failure by State Labor Governments to contribute to employee
entitlements support schemes.
This Government appreciates that many employees experience significant
hardship as a result of their employer becoming insolvent. Since the
introduction of the first federal employee entitlements scheme in
January 2000, over 50 000 Australian workers have received in excess of
$615 million in assistance for their entitlements lost due to the
insolvency of their employer.
To further protect the entitlements of employees of insolvent companies
the Federal Government introduced changes into the Corporations Act 2001
which strengthened legal obligations on company directors to protect
employee entitlements and extended the prohibition on insolvent trading
to cover uncommercial transactions other than debts. Anyone who
deliberately avoids payment of employee entitlements can now be ordered
to pay a penalty and/or compensation to employees.
GEERS does not negate the responsibility of all employers to pay their
employees’ full entitlements. Employers are, and must remain,
responsible for the provision of entitlements to their employees,
especially to the extent that any assets are available.
You have specifically asked why GEERS is governed by Operational
Arrangements rather than legislation and/or regulations. The practices
of directors and related parties in respect of a company’s insolvency
are constantly changing. By remaining an administratively based scheme,
GEERS is better able to address emerging inappropriate practices which
seek to either exploit employees or derive an unwarranted benefit from
taxpayer funds used to provide GEERS assistance.
I don’t agree with your claim that the Government, through my
Department, may be able to “pick and choose those circumstances in which
the scheme will apply.” GEERS is administered in strict accordance with
its Operational Arrangements. My Department clearly explains the basis
for its decisions in writing on each occasion directing claimants to the
relevant clause(s) of the Operational Arrangements. Claimants who
believe their case has not been administered in accordance with the
Operational Arrangements may appeal the departrment’s decision or apply
to the Commonwealth Ombudsman for review.
I note you ask how many cases have involved Deeds of Company Arrangement
(DoCA) that have disturbed the order of priority specified in the
Corporations Act 2001. Where a DoCA is found to alter the priority
specified in subsection 556(1) in the Corporations Act 2001, Insolvency
Practitioners are advised that this is inappropriate and initially given
the opportunity to amend the DoCA so that the priorities and protections
they contain for employees are restored, and the terms of the GEERS
Operational Arrangements are met allowing employees’ claims to be
processed.
Out of over 4000 cases processed by my Department since the introduction
of the employee entitlements safety net schemes, there have been 19
cases with DoCAs that have disturbed the order of priority specified in
the Corporations Act 2001.
I note that you have also asked for the number of times people have been
prosecuted for deliberate avoidance of liability for employee
entitlements as provided for in the Corporations Act 2001.
Unfortunately, this issue does not fall within my responsibility, I have
therefore referred this aspect of your query to the Treasurer for direct
response.
I trust this information is of assistance.
Yours sincerely
Kevin Andrews
Minister for Employment and Workplace Relations
Minister Assisting the Prime Minister for the Public Service
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[Non-text portions of this message have been removed]
Not that I have heard. May be time to start lobbying again.
Paul
----- Original Message -----
From: "Lofstedt, Benedict" <Benedict.Lofstedt@...>
To: <otmushrooms@...>
Sent: Friday, 27 May 2005 14:47
Subject: [Unpaid Mushrooms] RE: [otmushrooms] Status of SGC payments under
the deed as at 21 May 04
> Has anyone got their super?
>
> --- benedict
>
> Benedict Lofstedt
> Computer Associates
> Sr Quality Assurance Engineer
> eTrust Admin R&D
> Tel: +61 3 8416 5872
> Fax: +61 3 8416 5810
> Mob: +61 412 438 916
> Email: Benedict.Lofstedt@...
>
> -----Original Message-----
> From: Tom Northey [mailto:tn@...]
> Sent: Tuesday, 25 May 2004 11:19 AM
> To: otmushrooms@...
> Subject: [otmushrooms] Status of SGC payments under the deed as at 21
> May 04
>
> I spoke to the ATO on 21 May asking when we would get our super. The
> news
> is pretty much the same.
>
> They are very busy on the phones fielding calls about Super
> co-contributions
> so it is hard to get to talk to someone. However they do take your
> number
> and call back (in my case, the next day).
>
> The computer system that would allow them to transfer SGC payments to
> our
> super funds is not yet in service and is expected to be "at the end of
> May".
>
> They still cannot tell you anything about your SGC amounts.
>
> ATO do not pay interest on SGC payments delayed by ATO inaction. You
> may
> request compensation by writing to them, detailing dates and amounts
> paid
> etc, demonstrating disadvantage by providing evidence of the income and
> growth your SGC payment would have made in your super fund for the
> period in
> question (based on the income of your super fund over that period). It
> would appear to be easier to do this once the payment is made so you can
> actually determine the loss.
>
> Write to
>
> Australian Taxation Office
> Superannuation Section
> PO Box 277
> World Trade Centre VIC 8005
>
> I think a letter to your local member is appropriate as well.
>
> Or put in a job application to work at the Mitsubishi engine factory in
> Adelaide to ensure you receive something from the govt.
>
> ----- Original Message -----
> From: "Tom Northey" <tn@...>
> To: <otmushrooms@...>
> Sent: Wednesday, March 17, 2004 12:41 PM
> Subject: [otmushrooms] Status of SGC payments under the deed
>
>
> > Anyone heard anything about super owed under the deed from ATO yet? I
> > haven't.
> >
> > It hasn't magically appeared in my super fund either.
> >
> > I just checked on the ATO Super Seeker on-line superannuation search
> at
> > http://www.ato.gov.au/super/content.asp?doc=/content/33301.htm
> >
> > and it said:
> >
> > Lost Members Register No match found
> > Tax Office Records No match found
> >
> > I called the ATO on 131020 and they said they are (still) transferring
> to
> a
> > new computer system (it was expected to be up by February but now they
> > expect it up in 2-3 weeks). They said the money is probably there as
> a
> > credit on the Deloitte account (but they are not permitted to check
> that
> for
> > me) and that it can't be distributed until the new system is up.
> >
> > When the money is distributed, it should automagically appear in your
> most
> > active super fund. If you want to make sure it goes to the right
> fund,
> you
> > can contact your super fund and tell them there is some SGC money
> coming
> > through soon and they will organise with ATO to make sure it goes into
> that
> > fund. Otherwise you don't have to do anything. If you call ATO, they
> > cannot tell you what your most active super fund is, because that is
> on
> the
> > new computer system.
> >
> > rgds
> > Tom
> >
> >
> >
> > Reminder: this message is not private. Anyone (including non-members
> of
> this group) can read this message in the archives.
> >
> > Useful links:
> > OT Mushrooms home page (previous messages)
> > http://au.groups.yahoo.com/group/otmushrooms/
> > Public file archives (Files for download)
> > http://au.geocities.com/nick4mony/otm/index.htm
> > Yahoo! Groups Links
> >
> > To visit your group on the web, go to:
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> >
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Has anyone got their super?
--- benedict
Benedict Lofstedt
Computer Associates
Sr Quality Assurance Engineer
eTrust Admin R&D
Tel: +61 3 8416 5872
Fax: +61 3 8416 5810
Mob: +61 412 438 916
Email: Benedict.Lofstedt@...
-----Original Message-----
From: Tom Northey [mailto:tn@...]
Sent: Tuesday, 25 May 2004 11:19 AM
To: otmushrooms@...
Subject: [otmushrooms] Status of SGC payments under the deed as at 21
May 04
I spoke to the ATO on 21 May asking when we would get our super. The
news
is pretty much the same.
They are very busy on the phones fielding calls about Super
co-contributions
so it is hard to get to talk to someone. However they do take your
number
and call back (in my case, the next day).
The computer system that would allow them to transfer SGC payments to
our
super funds is not yet in service and is expected to be "at the end of
May".
They still cannot tell you anything about your SGC amounts.
ATO do not pay interest on SGC payments delayed by ATO inaction. You
may
request compensation by writing to them, detailing dates and amounts
paid
etc, demonstrating disadvantage by providing evidence of the income and
growth your SGC payment would have made in your super fund for the
period in
question (based on the income of your super fund over that period). It
would appear to be easier to do this once the payment is made so you can
actually determine the loss.
Write to
Australian Taxation Office
Superannuation Section
PO Box 277
World Trade Centre VIC 8005
I think a letter to your local member is appropriate as well.
Or put in a job application to work at the Mitsubishi engine factory in
Adelaide to ensure you receive something from the govt.
----- Original Message -----
From: "Tom Northey" <tn@...>
To: <otmushrooms@...>
Sent: Wednesday, March 17, 2004 12:41 PM
Subject: [otmushrooms] Status of SGC payments under the deed
> Anyone heard anything about super owed under the deed from ATO yet? I
> haven't.
>
> It hasn't magically appeared in my super fund either.
>
> I just checked on the ATO Super Seeker on-line superannuation search
at
> http://www.ato.gov.au/super/content.asp?doc=/content/33301.htm
>
> and it said:
>
> Lost Members Register No match found
> Tax Office Records No match found
>
> I called the ATO on 131020 and they said they are (still) transferring
to
a
> new computer system (it was expected to be up by February but now they
> expect it up in 2-3 weeks). They said the money is probably there as
a
> credit on the Deloitte account (but they are not permitted to check
that
for
> me) and that it can't be distributed until the new system is up.
>
> When the money is distributed, it should automagically appear in your
most
> active super fund. If you want to make sure it goes to the right
fund,
you
> can contact your super fund and tell them there is some SGC money
coming
> through soon and they will organise with ATO to make sure it goes into
that
> fund. Otherwise you don't have to do anything. If you call ATO, they
> cannot tell you what your most active super fund is, because that is
on
the
> new computer system.
>
> rgds
> Tom
>
>
>
> Reminder: this message is not private. Anyone (including non-members
of
this group) can read this message in the archives.
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>
>
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Today it became official (in the pipeline for a few weeks).
Telstra have offcially dumped openCI, after 6 years of failed operation.
What more need I say ??
nick4mony wrote:
> Wayne Passlow has made his next move. He's created an entity
> called OT Holdings, to make an offer of 41c per (modern) OT
> share.
Open Tel rejects founder's offer
By Colin Kruger
May 6, 2005
The independent directors of Open Telecommunications have rejected
the $7.4 million takeover bid by company founder Wayne Passlow and
Macquarie Bank, despite the independent expert's report finding the
41c per share offer was "fair and reasonable".
"The independent directors believe that the offer from the bidder
undervalues your company," said Open Telecom chairman Terry
Cuthbertson in the Target's Statement to the Australian Stock
Exchange late yesterday.
"The offer is opportunistic and seeks to gain the benefit of the
turnaround in Open Telecommunication's business before it is
properly reflected in Open Telecommunication's share price," the
statement said.
The directors said the offer did not reflect an appropriate premium
for control of the company and is less than the 48c per share value
calculated by Patersons Securities, which does not include a control
premium.
The Target's Statement said the bid offered only a 2.5 per cent
premium to the volume-weighted average share price for the four
weeks to March 8. The statement noted that the share price from
March 8 to March 23 fell due to trading by an associate of the
bidders and should be excluded from any calculations of a premium.
The bid was launched on March 29.
The directors said control premiums were typically in the range of
25 to 35 per cent and noted that Open Telecom had spent more than
$70 million developing its technology since 1999. "A competitor
attempting to enter the market may take up to two years to develop
alternative software," the statement said.
The independent expert, KPMG, said its finding took into account the
$30 million spent on product development in the past three years as
well as $17.4 million worth of tax losses, to which it gave no value.
Mr Passlow and Macquarie own 21.5 per cent of Open Tel.
http://tinyurl.com/dacnm
which is
http://www.smh.com.au/news/Business/Open-Tel-rejects-founders-
offer/2005/05/05/1115092628782.html
nick4mony wrote:
> Wayne Passlow has made his next move.
Wayne together with Macquarie Bank - they own or will own 90% of OT
Holdings (see the bidder's statement).
> He's created an entity called
> OT Holdings, to make an offer of 41c per (modern) OT share.
>
> I'll have to plot the share splits and consolidations, and
> normalise the prices, but that sounds like a pittance (even if
> it is a 24% premium to the current on-market price).
Have a look at the chart (which caters for splits and
consolidations):
http://tinyurl.com/b8kgp
which is
http://www.asx.com.au/asx/research/ChartsSearchAndResults.jsp?
postback=true&asxCode=OTT&compare=index&indices=XJO&compareCode=&Time
Frame=M10&chart.x=48&chart.y=12
The 41c compares to the $1.30 (in today's prices) paid in the rights
issue and the $1.00 paid in the placement by the so-
called "sophisticated investors" (a corp law term for people who
qualify to invest without the protection of a prospectus).
There was a 5 to 1 split on 20 April 2000 so shares originally cost
$20 in the float in today's prices (originally shares were $1, then
there was a 5 to 1 split, i.e. 20c, then a 100 to 1 consolidation
i.e. $20).
Shares went as high as $380 in today's prices. Now they are worth
41c. The lowest exercise price of any of the employee options was
$20 in today's prices.
Also see http://tinyurl.com/7uw65
which is
http://www.smh.com.au/news/Business/When-we-went-
pop/2005/04/12/1113251627650.html
Wake up, everybody.
Wayne Passlow has made his next move. He's created an entity called
OT Holdings, to make an offer of 41c per (modern) OT share.
I'll have to plot the share splits and consolidations, and normalise
the prices, but that sounds like a pittance (even if it is a 24%
premium to the current on-market price).
Nick Bishop.
-----
In times of universal deceit (1), telling the truth becomes a
revolutionary act.
(1) and in the real estate industry.
-oOo-
The following letter from Tony Robinson, Victorian State Member for Mitcham,
may be of interest.
Richard Watson
Systems Engineer
Oscmar International Ltd
Auckland New Zealand
Phone +64 9 379 0360 ext 736
Mobile +64 212 073 165
____________________________________________________________________________
________________________
Richard,
The fight continues. I’ve sent a copy of earlier letter back to Minister and
sought his advice why the scheme is governed by “Operational Arrangements”
rather than legislation and/or regulations.
Regards
Tony Robinson
Mr Tony Robinson MP
Member for Mitcham
9 Blackburn Road
Blackburn Vic 3130
9 Feb 2005
Dear Mr Robinson
I refer to your letter of 7 December 2004 concerning General Employee
Entitlements and Redundancy Scheme (GEERS) claims from former workers of
Open Telecommunications (Open Tel). Your letter was addressed to Michael
Maynard, Assistant Director with the Department of Employment and Workplace
Relations.
Unfortunately my department has no record of any correspondence from you
dated 28 August 2003 to Mr Maynard. I am able, however, to provide you with
information regarding the outcome of claims for GEERS assistance by former
Open Tel employees.
My department administers GEERS in accordance with the GEERS Operational
Arrangements (OAs). The GEERS OAs set out the Scheme’s eligibility
requirements and assistance limits. The OSs are publicly available on the
Australian Workplace website: HYPERLINK
"http://www.workplace.gov.au/"www.workplace.gov.au .
The creditors of Open Tel voted for a Deed of Company Arrangement (DoCA),
the terms of which were inconsistent with the GEERS OAs. Consequently, my
department was unable to provide former Open Tel employees with GEERS
assistance.
To meet GEERS requirements, all funds made available under a DoCA,
irrespective of their source, must be distributed in a manner that does not
decrease the payment priority of employee creditors below that prescribed in
section 556 of the Corporations Act 2001 (the Act). In the case of Open
Tel, the directors of the company, via the administrators, put forward a
DoCA that altered the priority order set out in the Act.
I am further advised that my department was not provided with access to this
DoCA until after creditors of Open Tel had agreed upon it. Once the
department was provided with a copy of the DoCA, and it was clear that it
was in conflict with the GEERS OAs, my department wrote to the administrator
advising that in order to obtain GEERS assistance, an amendment to the DoCA
would be required. The Open Tel directors declined to amend the DoCA.
It is the actions of the Open Tel directors that have denied the former
employees of Open Tel access to GEERS and not any alleged deficiency of the
GEERS scheme.
I hope this information satisfies your request. If you wish to forward a
copy of the earlier correspondence you cite, and have any particular issues
not covered in my response above, I would be happy to provide further
information.
Yours sincerely
Kevin Andrews
Minister for Employment and Workplace Relations
Minister Assisting the Prime Minister for the Public Service
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Change of email address Please
_____
From: Paul Davis [mailto:p.s.davis@...]
Sent: Sunday, 6 February 2005 9:44 PM
To: otmushrooms@...
Subject: [Unpaid Mushrooms] Super
The ATO still have no idea when they will be able to release our super. Has
anyone heard any other news?
regards
Paul
Reminder: this message is not private. Anyone (including non-members of
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Today's Australian reports on the POL Corporate Publications
administration, and POL must be in the running for the 2005
award for Brazen Behaviour by Bankrupt Businesses:
"Creditors may have found the timing of POL's first creditors'
meeting - Christmas Day - inconvenient".
More in The Australian at
http://tinyurl.com/5fhyv
which is
http://www.theaustralian.news.com.au/common/story_page/0,5744,1206172
0%5E7582,00.html
Hi,
I got 200 more brochures printed today (Leaflet3.doc) and headed to
the ION creditors' meeting.
I got all those out, plus about 130 of the old brochures. I've had an
SMS message from an engineering firm (meaning they've had a bit of a
nosey here).
First was the Collins St venue. Got a fairly good takeup rate for
people going into the building, for about one hour, until some guys
from inside the building asked me if I had a hawkers permit (no...).
I asked them who they were, and while they were a little cagey, they
said they were from an organisation that manages the building. They
asked me to move along to one side, which I did for five minutes.
It's nice to know I'm not wanted!
After the five minutes, I hot-footed it to the other venue
(Southgate), where I stayed about half an hour without being hassled,
although it was more difficult to discriminate creditors from others.
A fairly good exercise all up.
Nick Bishop.
-----
From a bankruptcy file: OCCUPATION - Outlawed Neighbour
-oOo-
(NB: The Border Mail operates in the Albury/Wodonga area, where ION
has a factory with about 700 employees. I might also get a
full-blooded story in, too)
http://www.bordermail.com.au/newsflow/pageitem?page_id=857662
Thu, Dec 09, 2004
Information for ION staff
I NOTE that ION is in voluntary administration.
I operate an e-mail list called Unpaid Mushrooms that will be of
interest to most of IONs 3000 employees.
Its purpose is to inform employees and creditors who find the
voluntary administration process daunting and cannot afford legal advice.
We also lobby government in a bid to make insolvency law simpler for
creditors.
We can help keep an eye on the administrators who might otherwise
cause problems for employees claiming GEERS the government scheme set
up to pay workers in failed companies.
The group helps keep employees informed.
This group, formerly called OT Mushrooms, operates without any funding
whatsoever.
ION employees (or anyone else) can join for free, or just browse on
http://yahoogroups.com.au/groups/otmushrooms/
NICK BISHOP,
Vermont South
People,
I intend to distribute a new version of my leaflet outside the Ion
creditors meetings.
If anyone wants to comment, I would prefer comments before 11:00am
tomorrow (Friday) morning. You can read the text version below, or
download the word version.
Also, I need a volunteer or two to cover the two Melbourne meetings
(Monday 12:00noon to 2:00p, either Sheraton Towers Southgate, or Savoy
Ballroom Grand Hyatt Hotel 123 Collins St, Melbourne). The intent is
to hand out leaflets outside these venues. Let me know if you can help.
The meetings start at 2pm, but registration starts at 12 noon.
Contact details
email: grad.com @ nick4mony (swap before use)
mobile/SMS: 0438 366342
OpenVictims members will shortly receive landline telephone numbers as
well.
Leaflet content, Word format:
http://au.geocities.com/nick4mony/otm/Leaflet3.doc
Leaflet content, Word-inside-zip:
http://au.geocities.com/nick4mony/otm/Leaflet3.zip
Text version, SIDE 1:
=====================
YOU ARE ABOUT
TO BE
RIPPED OFF
Don't save the trees,
Don't save the whales,
SAVE YOURSELF
Insolvency law does not protect creditors
About to go into a meeting?
Quick hints to get a better deal, at the FIRST meeting:
* Replace the Administrator with a different one. If another creditor
comes prepared with a replacement Administrator, you should probably
support them.
* Join the Creditors' Committee - this is your only chance to do so.
Be wary of letting the H.R. Manager represent the interests of
employees. Choose an outspoken, assertive person from your group of
creditors, or nominate yourself.
* Exchange contact details with other creditors.
Quick hints to get a better deal, at the SECOND (or reconvened) meeting:
* Avoid voting for a Deed of Company Arrangement, unless you have
independent advice that it preserves your rights (eg GEERS payments),
and it pays you in full.
* If liquidation is unpalatable, but the proposed Deed is
untrustworthy, vote to Adjourn the Meeting, or End the Administration.
This buys more time, or enables another chance at replacing the
Administrator.
* Creditors have the right to replace the Administrator with a
different Liquidator or Deed Administrator (as the case may be). If
another creditor comes prepared with such a replacement, you should
probably support them.
* Exchange contact details with other creditors.
After the meeting ...
Log into the Unpaid Mushrooms web site for more hints and information.
Text version, SIDE 2:
=====================
The way forward: a simple law
Insolvency law is too complex, and most creditors only deal with an
insolvency process once in their lifetime. We demand these things:
* A simple definition of insolvency - making it easier for any
creditor owed an overdue debt to take action.
* A random or round-robin allocation of Administrators to insolvency
cases. That way, Directors have no control over the appointment.
* Any option that involves the company trading out must achieve 100%
payment of debts.
Stop the abuses
* Legal trickery
* Phoenix company fraud
* Deeds of Company Arrangement - often a different form of Phoenix
company fraud.
* Biased Administrators (or other professionals)
Further Action
Find out what other creditors are going through ...
Browse or join the Unpaid Mushrooms email group
http://yahoogroups.com.au/groups/otmushrooms/
Contact your M.P. and let them know insolvency law is an issue.
Write a letter to a newspaper
Contact the author, Nick Bishop otmushrooms-owner@...
Volunteers always welcome
About Unpaid Mushrooms
Nick Bishop set up this email-based group, originally named OT
Mushrooms, in response to the (partial) collapse of Open
Telecommunications. With this group, we broke the isolation that
redundant employees and other creditors often face.
This group is now open to all creditors to discuss insolvency issues.
Join, or just browse.
Authorised by Nicholas Bishop, Suite 1104, 530 Lt Collins St,
Melbourne 3000.
Printed by Busy Bee, 6/456 St Kilda Rd, Melbourne 3004.
Sir,
I note with interest that car-parts maker Ion has entered Voluntary
Administration. I operate an email list, called Unpaid Mushrooms,
that will be of interest to most of Ion's 3000 employees, whose
purpose is to inform employees and creditors who find the Voluntary
Administration process daunting, and cannot afford legal advice.
We also lobby the government in a bid to make insolvency law simpler
for creditors, and we can help keep an eye on the Administrators, who
might otherwise cause problems for employees claiming GEERS - the
Government scheme set up to pay workers in failed companies.
The group helps keep employees informed.
This group, formerly called OT Mushrooms, operates without any funding
whatsoever. Ion employees (or anyone else) can join for free, or just
browse, on http://yahoogroups.com.au/groups/otmushrooms/
Nick Bishop, Unpaid Mushrooms list controller.
<contact details>
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