Making false statements to the trustee
The maximum penalty for this offence is one year imprisonment and/or a $6,600 fine. In bankruptcy matters a fine is an unlikely result.
What Court is Likely to Hear the Matter
This matter is can be dealt with in either the Local or District Court but in most cases will be dealt with in the Local Court.
Common ways in Which this Might Occur
- You request permission to travel overseas but are not truthful with the trustee about the reasons for your travel or where you are going;
- The trustee requests information about your earnings, commissions or superannuation benefits with your employer and you are not truthful in your response.
What the Prosecution Must Prove – The Elements of the Offence:
- That you are a bankrupt;
- That your trustee made a specific request for information relating to your examinable affairs;
- That you did not fully and truly disclose such information.
There is a series of offences under the Bankruptcy Act for not providing complete information to your trustee in bankruptcy.
WHERE TO NEXT?
If you suspect that you may be under investigation, or if you have been charged with an offence, it is vital to get competent legal advice as early as possible. Our lawyers are highly specialised in corporate crime and will be able to guide you through the process while dealing with the various authorities related to your matter.