DidjiNet financial records vanish as ASIC comes under fire

By Patrick Gray
08 January 2004 04:10 PM
Tags: dijinet, insolvent, nash, david, asic, samantha, marks, monsoon
The financial records of embattled Voice over IP (VoIP) supplier DidjiNet Interactive were removed from the company's premises without the permission of its sole remaining director, he has conceded.

In another blow to creditors owed money by the company, computers containing accounting data have been removed from DidjiNet's former offices, which have since been sealed off by the landlord at the request of its remaining director, Scott Lunn.

Creditors claim DidjiNet owes them roughly AU$500,000. Lunn conceded he was not wholly across the company's financial position, with former director Fil Starling "aware" of several financial obligations that Lunn was ignorant of.

"There were some financial commitments that affected the company that he was aware of that I was not made aware of," Lunn told ZDNet Australia.

As for the missing financial records, Lunn said computers containing the accounting data were removed from the building without his authorisation. However, Lunn would not say by whom. He further claims the act was caught on the company's surveillance cameras. He now plans on making an official report to the Australian Securities and Investment Commission (ASIC).

"Whilst I was on leave over the Christmas break, without my knowledge, most of the assets of the business were removed from the building," he said. "I reported it to the police, who say it's most likely a civil matter."

Meanwhile, creditors who say they are impacted by the difficulties affecting DidjiNet have hit out at regulatory authorities such as ASIC for not aggressively pursuing their reports. One such creditor, recruitment consultant David Nash, who claims he placed staff into DidjiNet but was never paid, said the regulatory regime in Australia needs to be improved.

"I think it is failing. The reason being is that they say this is common practice," he said. "I think ASIC should be doing more. I think the government should look at its legislation. If this is common practice, it should be stopped.... What's to stop me doing it tomorrow? Racking up AU$500,000 in debts and walking away from it?"

Marketing consultant Samantha Marks, who was employed by Monsoon, a company owned by the Starling family, claims she is still owed money for her services. She is also less than happy with the response she received from ASIC to her queries about DidjiNet.

She claimed that the company "appeared to be operating knowingly without the ability to cover its financial responsibilities in the market," a comment rejected by Lunn.

Lunn said "I think most companies carry debt at some stage...the responsibility of a director is to at all times ensure that in your reasonable judgement the revenue streams that you've got, and your forecast revenue streams will cover any debt that is there, which was my own personal belief.

"It was my belief that with the very healthy revenue streams we projected we wouldn't have any trouble."

Lunn claims he has sought advice from accountants, who told him DidjiNet was not trading while insolvent "given the strength of the sales pipeline".

Facing bankruptcy as a possibility, Lunn has described his investment in DidjiNet as a "big financial backwards", and further claimed he was not in a position to know the true state of the company's day-to-day financial affairs.

"As a member of the board I have ultimate control I guess...but it's becoming clearer that I was not aware of all the financial commitments of the company," he said.

An ASIC spokesperson said the Commission is investigating the reports that it has received from creditors, but would not comment on the investigation except to say it was "progressing".

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Talkback 10 comments

    It is supposedly said that the ...Anonymous -- 08/01/04

    It is supposedly said that the employees have been paid, which is nothing but one of their usual lies. None of the employees have been paid and unfortunately the employees do not have a contract in the first place apart from a offer letter. Who now will be paying the employees? would they be just left and forgotten? Lets wait and see.

    as well as employees not being ...Anonymous -- 09/01/04

    as well as employees not being paid, although pay advice states the amount of Super deducted... it most certainly has not been paid along with everything else!

    It doesn't surprise me that Lunn is trying to see if he can trade through... He has already proved how stupid he is in this article... who will trust him now? Who would want to do business with the director of a company who supposedly doesn't know what's going on in his own company. I doubt very much that he didn't know what was going on... either he was very naieve or very stupid... perhaps both, but certainly no future in the business world.

    Based on past examples, sadly ...joe black -- 09/01/04

    Based on past examples, sadly his naivity/stupidity would seem to make him ideal for another senior post in the business world. It seems the proven ability for dishonestly is a prerequisite for senior positions in business these days.

    fil starling Anonymous -- 13/10/07 (in reply to #120044949)

    http://www.fitmalta.com/

    It seems to me that Mr Lunn li ...Anonymous -- 13/01/04

    It seems to me that Mr Lunn like all of us was taken in by Mr Starling.. Fil ran the show from the begining and now has resigned and left Mr Lunn as the dummy left holding the debt. Sooth move Fil!! at least when Alan Bond did that, he stayed and took the heat... will Fil be the next Christopher Skase ??

    Fil it was your call to spend hundreds of thousands of dollars in a awesome fit out, have the best furniture and a huge team ( that featured 3 of your family ) . Where was the realistic budgeting ? …. Did you both know that the sales took monthsand months, did you not have enough money to sustain the company for the time it took the sales guys get a deal in. Come on it’s called cash flow analysis !!

    How could you had the launch and hired that catering people when you knew that you had no ability of paying them.

    Come on Fil be a man and face the music and do the right thing, its unfair for Scott to be left holding the debt when you ran the show.. So The Starling family might loose ... But you screwed all the team that believed in the Didjinet dream. Fil you were very quick to talk about a knife in the back when the fist ZDnet article appeared, but at the same time you were destroying the life of the very people that trusted you , is that a knife in the back too ??

    I hear that some of the employee's were not paid in November as well as December.

    So is the company wound up and by whom??

    If not Scott needs to do the right thing and put the bullet in it and try to get some money to the staff.

    Fil be a man and face the music … you forced us all to face the music its your turn

    STARLING = Bond or Skase? Hard ...Anonymous -- 14/01/04

    STARLING = Bond or Skase? Hardly! A'****& hard nut' he may be, but at the end of the day what is being done here is just a waste of everyone's time, energy and money.

    We are all adults and we went into business with Didjine, with our eyes open wide. Sure we believed them and we have been burned, but what will a witch hunt and all this endless talk, achieve? Will any of us get our $ back? I don't think so. Having lost a significant amount in this whole fiasco, it has reinforced my attitude and approach to future business. The sad part is that from now on I will treat everyone with doubt, so the innocent suffer.

    Starling should be forced out of the country. Lunn is a complete idiot, and should pay for his own lies and deceipt. As was discribed to me by a fellow creditor - he is a "two faced c**t".

    As for the rest of us, we all have to make this our own expensive lesson in life and do what we can for ourselves to make sure we don't have it happen again, but screaming and carrying on and raising the 'lynch mob' is not going to achieve anything.

    Lets get on with our lives! Dwelling on all this, having fellow creditors constantly calling etc. is just taking me away from making money, WHICH I need so that I can recover what I have lost.

    YES I am pissed off and very bitter! I have sworn at them and blamed Starling for 'f***ing' us, but I have to accept that I did it in part to myself.

    End of the chapter, my life moves on. So please NO MORE CALLS!

    It is hard to understand how & ...Anonymous -- 16/01/04

    It is hard to understand how "Hurting Creditor" believes that all those hurt by this situation went into it with their eyes open. If Starling engaged in the art of systematically deceiving people, then everyone went in blind to the reality that he was setting up a straw company and hedging his bets on finding investors before his creditors starting baying for his blood.

    Even the fact the staff believed Starling was paying for the fit out is indicative of the con. It's more than likely the owners of the real estate paid for the fit out, which is not uncommon. If so, Starling now has Century Investments as a major creditor, and they are not the kind of people you want to owe money to in Australia.

    It is an indictment on ASIC that a foreign national can enter this country, flout Australian law and so badly damage the lives and business of employees and suppliers, getting away with it scott free.

    When OneTel, HIH and Ansett collapsed there was all this Govt brujhah about cracking down on corporate governance issues. The reality is that corporates have the means and the mechanisms to quickly adjust policy and procedures in order to comply during crack down periods, so all the attention ASIC has been paying to high profile cases will likely amount to very little.

    Meantime, Australian SME's which are the largest business group in Australia are not afforded protection from this kind of racket and is usually the Australian partners of shonks from overseas that end up paying the price for our appalling lack of regulatory framework and communication between regulatory bodies.

    Well, what can you expect from a country that has just given a 12 month suspended sentence to a white collar crim who was found guilty of misappropriation and misuse of corporate funds in dealings with Mr. Brad "Do you want an alarm system" Cooper?

    Another seasons of wrist slapping for the white collar criminals.The damage done by crime in the white collar sector is so much more insideous and inflicts far greater long term damage than does the property and traffic crime the Govts of Australia are so happy to throw endless resources at policing.

    ASIC needs to set up a Fraud Office specifically to address the needs of the SME when it comes to cases like this. A loss of $500k is nothing to a corporate, but for an individual director left holding the debts racked up by an unscrupulous **** like Starling - it is everything.

    I agree Scott Lunn has probably been less than the sharpest tool in the business shed here, but it seems him and John Robertson have to now deal with an issue the Government, the police, the ATO and ASIC have all put in the 'it happens everyday, so bog bloody deal' basket.

    Australia has yet to shake it's convict heritage, the one established when emancipated criminals began entering the political system. This is why Australian system protect thieves and conmen and offer nothing in support of their victims. ASIC should be ashamed to acknowledge they let this fish get away, no doubt someone who put this much effort into conning so many people will do it again.

    He's probably already set up a new business!!!

    starling Anonymous -- 06/06/07 (in reply to #120102729)

    Can you let me have some more info such as his wife's name or other way to identify exactly.
    If it is him he has set up again not in Aussie land.

    For those interested I saw a k ...Anonymous -- 20/01/04

    For those interested I saw a kid at paddington markets selling t-shirts that read:

    I WORKED FOR DidjiNET AND ALL i GOT WAS THIS LOUSY T-SHIRT

    Only while stocks last.

    Bye Bye Didjinet Profile Name ...Anonymous -- 25/06/04

    Bye Bye Didjinet

    Profile Name: DIDJINET

    Profile Number: 62524530

    This is to notify you that a document being monitored by this
    Alert Profile has been lodged on 24/06/2004 for the
    following organisation:

    Name: DIDJINET INTERACTIVE GROUP PTY LTD

    ACN: 097 879 215

    The document details are as follows:

    Document No.: 020142172

    Form Type: 519

    Form Description:
    Notice Of Court Action Relating To Winding Up

    Sub Form Type: 519A

    Sub Form Description:
    Filing Of Application For Winding Up Order

    ------------------------------------------------------
    The ASIC Company Alert service is provided by the Australian Securities and Investments Commission.

    Profiles can be created, updated and cancelled using the Company Alert transaction in
    the 'Services/Search' tab on ASIC's Home Page at http://www.asic.gov.au.

    Conditions of use of this service are published on ASIC's Home Page.

    Extracts of company details, and copies of documents lodged with ASIC, may be purchased from
    ASIC's network of Information Brokers. Refer to ASIC's Home Page for details.

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