Following an ASIC investigation, Ms Jennifer Joan Hutson, 50, of Red Hill in Queensland, appeared before the Brisbane Magistrates’ Court on 3 April 2018 charged with:

(a) one count of dishonestly failing to exercise her powers and discharge her duties as a director under section 184(1) of the Corporations Act (maximum sentence of imprisonment of five years);

(b) two counts of dishonest use of her position as a director under section 184(2) of the Corporations Act (maximum sentence of imprisonment of five years);

(c) ten counts of authorising the giving of false or misleading information to an operator of a financial market (maximum sentence of imprisonment of 5 years);

(d) two counts of attempting to pervert the course of justice under section 43 of the Crimes Act (maximum sentence of imprisonment of ten years); and

(e) fifteen counts of giving false or misleading information under section 64 of the ASIC Act (maximum sentence of imprisonment of two years).

The charges were brought by ASIC following an investigation into a takeover bid made in 2015 by G8 Education Limited (G8 Education) for Affinity Education Group Limited (Affinity).

The charges have been listed for mention at the Brisbane Magistrates’ Court on 8 June 2018.

The matter is being prosecuted by the Commonwealth Director of Public Prosecutions.

Background

G8 Education is a childcare provider listed on the ASX.

In July and August 2015, G8 Education announced takeover bids for all the shares in Affinity, which was at the time also an ASX-listed company. Ms Hutson was a director and the chairperson of G8 Education until 15 October 2015. On 5 October 2015, the Takeovers Panel made a declaration of unacceptable circumstances in relation to the takeover bids.

Editor's note:

On 5 April 2018, this media release was updated to correct an error. The maximum sentence for attempting to pervert the course of justice under section 43 of the Crimes Act is ten years imprisonment rather than twenty five, as was initially stated.

Editor's note 2:

On 8 June 2018, the Brisbane Magistrates' Court ordered that the matter be listed for a mention hearing on 3 August 2018.

Editor's note 3:

On 3 August 2018, the Brisbane Magistrates’ Court ordered that the matter be listed for a mention hearing on 26 October 2018.

Editor's note 4:

On 26 October 2018, the Brisbane Magistrates’ Court ordered that the
matter be listed for a mention hearing on 7 December 2018.

Editor's note 5:

On 7 December 2018, the Brisbane Magistrates’ Court ordered that the
matter be listed for a further mention hearing on 21 December 2018.

Editor's note 6:

On 21 December 2018, the Brisbane Magistrates’ Court order that the matter be listed for a directions hearing on 11 March 2019 and for a committal hearing to commence on 30 September 2019.

Editor's note 7:

A committal hearing was held between 30 September 2019 and 11 October 2019 and was adjourned part-heard until 14 November 2019. On 14 November 2019, the committal hearing continued and was adjourned part-heard until 19 December 2019.

Editor's note 8:

On 19 December 2019, the committal hearing was adjourned until 17 March 2020.

Editor's note 9:

On 17 March 2020, the committal hearing continued and was adjourned until 16 June 2020.

Editor's note 10:

On 16 June 2020, the committal hearing continued and was adjourned until 30 July 2020.