Bankruptcy BCR Advisory

Media Release: VIC (BENSON) – Two years good behaviour bond for offences against the Bankruptcy Act

This article was sourced from Australian Financial Security Authority.

Ms Alison Jane BENSON of Upper Ferntree Gully, Victoria, was sentenced on 4 May 2017 after pleading guilty to offences of removing part of her property to the value of $20 or more, and signing a declaration contained in her Statement of Affairs that she knew to be false.

Ms BENSON filed for voluntary bankruptcy on 27 February 2014.

On 25 February 2014 Ms BENSON transferred $23,000 from her bank account via online banking to an account in her daughters’ name. Ms BENSON was a signatory to this account and the only person to have internet banking access to all the accounts.

Ms BENSON’s Statement of Affairs was signed on 24 February 2014 in which she declared that she had one bank account with a balance of $900. Ms BENSON actually had four bank accounts with the same bank, which held a total of $26,110 as at 24 February 2014.

Between 28 February 2014 and 5 March 2014 Ms BENSON transferred a total of $19,200 from her daughter’s bank account to her own.

On 4 May 2017, Ms BENSON entered a plea of guilty at the Ringwood Magistrates Court.

Magistrate CROWE found the offences proven, commenting that she took into account Ms BENSON’s character and antecedents, citing that the offending was at the lower end of the scale for this type of offending.

Ms BENSON was released on a $2000 good behaviour bond for two years without conviction.

Ms BENSON was ordered to pay disbursement costs of $178.90.

The matter was prosecuted by the Office of the Commonwealth Director of Public Prosecutions on behalf of the Australian Financial Security Authority.

For specialist advice regarding your specific circumstances, please contact the BCR team.

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