On 10 September 2021, Mr Richard Marlborough, Mr Colin MacVicar, Mr David Domingo, Mr Liam Young and Mr John Ramsden appeared in the Brisbane Magistrates Court charged with criminal offences relating to the collapse of the Members Alliance and Benchmark group of companies in 2016 and 2017.

The Members Alliance and Benchmark groups allegedly operated property investment vehicles on the Gold Coast, offering financial advice to retail investors.  In July 2016, eighteen group companies were placed into liquidation with a $26 million debt owing to the ATO.

The charges follow an ASIC-led Serious Financial Crime Taskforce (SFCT) investigation into the collapse of the groups and alleged associated phoenix activity.

Mr Marlborough has been charged with:

• 21 counts of trading while insolvent;
• 10 counts of dishonestly using his position as a director;
• one count of disposing of property after becoming (or was about to be) a bankrupt; and
• one count of fraud.

Mr MacVicar has been charged with:

• 13 counts of trading while insolvent;
• one count of dishonestly using his position as a director; and
• one count of disposing of property after becoming (or was about to be) a bankrupt.

Mr Young has been charged with:

• four counts of trading while insolvent; and
• five counts of dishonestly using his position as a director.

Mr Domingo has been charged with seven counts of trading while insolvent.

Mr Ramsden acted as a solicitor for the Members Alliance group and has been charged with aiding Mr Marlborough, Mr MacVicar and Mr Young in their alleged directors duties offences. He faces eight counts of aiding, abetting, counselling or procuring the commission of an offence in contravention of the Corporations Act.

The matter has been listed for a mention hearing on 26 November 2021.

The matter is being prosecuted by the Commonwealth Director of Public Prosecutions after a brief and referral from ASIC.

Background

Mr Marlborough, Mr MacVicar, and Mr Domingo were at various times directors of companies in the Members Alliance group.  Mr Young was a director of five Benchmark companies set up following the collapse of the Members Alliance group in mid-2016.

The SFCT focusses on investigations of cybercrime affecting the tax and superannuation systems, offshore tax evasion, illegal phoenix activity and more recently, crime against the Commonwealth’s Coronavirus Economic Response Package. Since it was established on 1 July 2015 until 30 June 2021, more than $1 billion in liabilities has been raised as a result of its work, which has included over 1,300 audits and reviews and the conviction of 15 individuals.

For more information on the SFCT, including the new identikit outlining key financial crime personas, visit ato.gov.au/SFCT

Editor’s note:

On 26 November 2021, the matter was listed for further mention on 11 February 2022.

Editor's note 2:

On 11 February 2022, the matter was listed for further mention on 20 May 2022.

Editor's note 3:

On 20 May 2022, the matter was listed for further mention on 5 August 2022. 

Editor's note 4:

On 5 August 2022, the matter was listed for further mention on 7 October 2022.

Editor's note 5:

On 7 October 2022, the matter was listed for further mention on 22 November 2022.

Editor's note 6:

On 22 November 2022, the matters relating to Mr Domingo were listed for a hand-up committal on 27 February 2023. The matters relating to the remaining defendants were listed for further mention on 7 February 2023.

Editor’s note 7:

The 7 February 2023 mention for the remaining defendants was vacated and were listed for a further mention on 13 March 2023.

On 27 February 2023, Mr Domingo was committed to stand trial on all seven counts of trading while insolvent on a date to be fixed.

Editor’s note 8:

On 13 March 2023, the matter was listed for further mention on 27 March 2023.

Editor's note 9:

On 27 March 2023, the matters relating to Mr MacVicar, Mr Marlborough and Mr Ramsden was listed for a 5 day committal from 7 to 13 November 2023. The matters relating to Mr MacVicar and Mr Marlborough will return to court on 3 April 2023 for a further mention. The matter relating to Mr Young will return to court on 22 May 2022 for a further mention.

Editor's note 10:

On 3 April 2023, the matters relating to Mr MacVicar were listed for a directions hearing on 24 August 2023. The matters relating to Mr Marlborough were listed for a review mention on 4 September 2023 and a directions hearing on 23 October 2023.

Editor's note 11:

On 12 May 2023, the matter relating to Mr Young was administratively adjourned until 5 June 2023.

Editor’s note 12:

On 16 June 2023, Mr Young was committed to stand trial on four counts of trading while insolvent and five counts of dishonestly using his position as a director. The trial date is yet to be fixed.

Editor's note 13:

On 24 August 2023, the matters relating to Mr MacVicar were listed for a directions hearing on 5 October 2023.

Editor's note 14:

On 20 September 2023, Mr Marlborough was committed to stand trial on 21 counts of trading while insolvent, 10 counts of dishonestly using his position as a director, one count of disposing of property after becoming (or was about to be) a bankrupt and one count of fraud. The trial date is yet to be fixed.

Editor's note 15: 

On 8 November 2023, Mr Ramsden was committed to stand trial on eight counts of aiding, abetting, counselling or procuring the commission of an offence in contravention of the Corporations Act.

On 13 November, the committal hearing of Mr MacVicar was adjourned until 28 February 2024, with a mention listed for 20 December. Prior to the adjournment, one of Mr MacVicar's insolvent trading charges was discontinued by the Commonwealth Director of Public Prosecutions. 

Editor's note 16:

On 28 February 2024, Mr MacVicar was committed to stand trial on 12 counts of trading while insolvent in the Brisbane District Court, one count of dishonestly using his position as a director, and one count of disposing of property after becoming (or was about to be) a bankrupt.t

Editor's note 17:

On 15 April 2024, before the Brisbane District Court the following matters were mentioned. The matters relating to Mr Marlborough and Mr Young were adjourned to 13 May 2024 for mention. The matters relating to Mr Domingo were adjourned 23 September 2024 for a pre-trial hearing. The matters relating to Mr Ramsden, Mr MacVicar were adjourned until 28, 29 and 30 January 2025 for pre-trial hearing.

Editor's note 18: 

On 13 May 2024, the matters relating to Mr Young were briefly mentioned and then adjourned to 28, 29 and 30 January 2025 for pre-trial hearing. The matters relating to Mr Marlborough were adjourned to 24 June 2024 for mention.

Editor’s Note19:

On 24 June 2024, before the Brisbane District Court the matters relating to Mr Marlborough were mentioned and adjourned to 5 August 2024 for mention.

Editor’s Note 20:

On 5 August 2024, 9 August 2024, and 16 August 2024, before the Brisbane District Court the matters relating to Mr Marlborough were mentioned and adjourned. During the mention on 16 August 2024, the matter was adjourned to 13 September 2024 for mention.

Editor’s Note 21:

On 13 September 2024, before the Brisbane District Court the matters relating to Mr Marlborough were mentioned and adjourned to 20 September 2024.

Editor’s Note 22:

On 20 September 2024, before the Brisbane District Court the matters relating to Mr Marlborough were mentioned and adjourned to 18 October 2024.

Editr’s Note 23:

On 18 October 2024, before the Brisbane District Court the matters relating to Mr Marlborough and Mr Domingo were mentioned and adjourned to 15 November 2024.

Editor's note 24:

On 15 November 2024, before the Brisbane District Court the matters relating to Mr Marlborough and Mr Domingo were mentioned. Mr Marlborough’s matters were adjourned to 27 February 2025. Mr Domingo’s matters were adjourned to 13 December 2024.