Delivering the
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22 June 2017, Melbourne, Australia
- Gordagen Pharmaceuticals Pty. Ltd., a private Australian company commercialising evidence-based dietary supplements and pharmaceuticals, today announced that it has made a complaint to the Australian Federal Police against Dr Ric DeGaris in relation to allegedly unlawful recordings of telephone calls.

Dr DeGaris issued a creditor’s statutory demand to Gordagen which was received by the Company on 8 March 2017.  Through this creditor’s statutory demand, Dr DeGaris purported to make claims for salaries and a short-term incentive payment, which he alleged were due and payable to him.  Initially, an application was lodged by Gordagen in the Supreme Court of Victoria seeking to set aside this statutory demand.   This application was dismissed by Associate Justice Randall in a hearing on 23 May 2017 and Gordagen subsequently lodged an application with the Court of Appeal seeking leave to appeal against Associate Justice Randall’s ruling. Gordagen also lodged a Notice of Appeal on 20 June 2017.  On 13 June 2017, Dr DeGaris issued an application to wind up Gordagen, which was received by the Company on 16 June 2017.  Gordagen strenuously and vigorously disputes the purported claims made in the creditor’s statutory demand and the winding up application.

In evidence submitted to the Court for the hearing on 23 May 2017, Dr DeGaris’ counsel attempted to provide as evidence, informal transcripts of telephone calls, which Dr DeGaris claimed he had recorded on his mobile phone.  In submissions to the Court, Dr DeGaris’ counsel stated that the recordings were made using an app called “ACR” which he said Dr DeGaris downloaded onto his mobile phone. These recordings were of calls with Dr Glenn Tong (the CEO and Managing Director of Gordagen) and in some cases also with Dr Rocco Iannello (the Director of Business Development of Gordagen at the time).  Dr DeGaris’ counsel told the court the recordings were made on Dr DeGaris’ mobile phone using this ACR app.  These recordings were made without the knowledge of Dr Tong.

It is Gordagen’s contention that these mobile phone calls recorded by Dr DeGaris in this way may be in breach of The Commonwealth Telecommunications (Interception and Access) Act 1979 which prohibits a person from “listening to or recording, by any means, of a communication in its passage over a telecommunications system without the knowledge of the person making the communication. “

Gordagen has lodged a complaint with the Australian Federal Police and has sought to have these allegedly unlawful telephone recordings investigated thoroughly.

Dr Glenn Tong, the CEO and Managing Director of Gordagen commented:

“Biotechnology and pharmaceuticals are industries where trust and confidentiality are of paramount importance and creating, buying and selling intellectual property is the basis for these industries. It is quite extraordinary to find someone who thinks it is acceptable to record your phone calls without your knowledge.”

A breach of The Commonwealth Telecommunications (Interception and Access) Act 1979 is a criminal offence and Gordagen now leaves this matter to the Australian Federal Police to investigate.

Enquiries:

Dr. Douglas Pretsell Dr. Glenn Tong

Investor Relations
Ph: +61 (0) 409 908 553

CEO and Managing Director
Ph: +61 (0) 412 193 350

Download the full announcement (PDF, 395kb)