ATO joins lender’s federal legal action to bankrupt Vailo founder Aaron James Hickmann over ‘left field’ claims of unpaid tax

Australia’s tax man wants to bankrupt a South Australian millionaire over unpaid taxes, a court has heard, as the financial crisis engulfing the embattled entrepreneur deepens.

Australia’s tax man wants to bankrupt a South Australian millionaire over unpaid taxes, a court has heard, as the financial crisis engulfing the embattled entrepreneur widens.

Marlbury Capital Lending Services Pty Ltd is pursuing federal bankruptcy action after Vailo founder Aaron James Hickmann, 36, allegedly failed to repay almost $600,000.

But in a twist the Federal Circuit Court heard had “come out of left field”, the Australian Taxation Office has joined its bid as a “supporting creditor”.

Aaron Hickmann’s lighting ­empire is in receivership over claims of a multimillion NAB loan default. Picture: Mark Brake

The court heard the ATO had three “notices” against Gold Coast-based Mr Hickmann, whose lighting ­empire is in receivership over claims of a multimillion NAB loan default.

Vailo is also no longer the Adelaide 500’s main ­sponsor.

No details on how much the ATO is chasing were revealed after it joined the case last week.

On Tuesday, tax authorities flagged it “substituting” as petitioner should Marlbury resolve its legal dispute.

The lender is threatening bankruptcy after the court heard he failed to repay $596,424.20.

If successful, this would automatically disqualify the businessman from managing corporations or holding positions such as a director of more than 50 of his companies.

Valley Road vineyard property, at Birdwood that Mr Hickmann risks losing. Picture: realestate.com.au

Mr Hickmann, who told other lenders he earnt an annual income of $1m as Vailo founder, disputes all debt and tax claims against him or his businesses including the Marlbury row.

Aaron Hickmann with his wife Maxine and Mareli and Josh Harris at an Adelaide 36ers and Adelaide Lightning MVP Dinner at the Titanium Security Arena in 2017. Picture: supplied

The lender has claimed he “failed to comply” with a bankruptcy notice in August 2024 or to satisfy the court he had any counterclaim after he defaulted on a Birdwood vineyard loan.

On Tuesday, Emma Trebilock, for Marlbury, told the court that “fruitful” discussions between the parties were ongoing. Her client was prepared to delay the case a final time.

Greg Griffin, for Mr Hickmann, said the ATO had already withdrawn three “assessments”.

“This came out of left field completely,” he told the court. “It’s a rolling stone at the moment.”

Khaled Metlej said the ATO will likely apply to “substitute” in as the main petitioner.

Judicial Registrar Nicholas Parkyn ordered Mr Hickmann to “crystallise” his issues with the claims.

Mr Hickmann, whose companies have been accused of failing to pay other business invoices, property debts and state tax bills, did not attend court.

Motorsport Board chief executive Mark Warren, Premier Peter Malinauskas and Vailo founder Aaron Hickmann with drivers at the Adelaide 500’s official launch in Victoria Square in 2022. Picture: NCA NewsWire / Kelly Barnes

The ATO raided his offices last year with Australian Federal Police assistance. Mr Griffin has said his client had been compliant with the “objected” ATO matter.

A spokeswoman for the ATO, which has not taken action on its raid, would not comment on court cases or due to taxpayer confidentiality.

The case returns to court later this month.