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 will hear the matter?

This matter is can be dealt with in either the Magistrates Court or District Court but in most cases will be dealt with in the Magistrates Court.

Common ways this offence may occur

• A person requests permission to travel overseas but is not truthful with the trustee about the reasons for your travel or where you are going;
• The trustee requests information about a person’s earnings, commissions or superannuation benefits with their employer and they are not truthful in their response.

What the prosecution must prove

In order for a court to find a person guilty of this offence, it must be satisfied that:

• The person is a bankrupt;
• That their trustee made a specific request for information relating to their examinable affairs;
• That they did not fully and truly disclose such information.

The legislation

There is a series of offences under the Bankruptcy Act for not providing complete information to a person’s trustee in bankruptcy.