Two property developers file court claims against accounting firm over trust tax issues

The writs name Dale Alcock and Garry Brown-Neaves, former co-founders of the ABN Group, a major residential building company. Alcock bought out the firm in 2016.

Alcock claims One set of documents lists Alcock, his wife, and associated corporate entities as plaintiffs. The writs allege systemic failures in accounting and taxation advice from 1990 through 2026, including incorrect advice on tax payable and failure to advise on family trust distribution tax and franking deficit tax.

The documents state that the accounting firm conveyed to the plaintiffs that they were not liable for franking deficit tax or associated penalties. The writ claims these failures breached contractual obligations and duties of care. In March 2025 the deputy commissioner of taxation issued an audit alerting Alcock to the concerns.

The plaintiffs seek compensation for tax penalties and legal expenses.

Brown-Neaves claims Brown-Neaves and related trustees filed five separate writs covering the period 1999 to 2017. The documents allege invalid trust elections triggered family trust distribution tax liabilities and that the firm failed to prevent general interest charges and penalties from the Australian Taxation Office.

Two of the writs claim Brown-Neaves incurred personal liability as a director of Stonehawk Pty Ltd, trustee for the Alcock Investment Trust. He seeks compensation for financial damage from the alleged accounting failures. The exact amount of damages claimed is not specified in the filings.

HLB Mann Judd declined to comment.