Following an ASIC investigation, Mr David Justin Burke, 59, of Natural Bridge in Queensland, appeared before the Brisbane Magistrates’ Court on 6 April 2018 charged with five counts of giving false or misleading information to ASIC during an examination under oath in March and June 2016.

The examination of Mr Burke was part of an investigation being conducted by ASIC into a takeover bid made in 2015 by G8 Education Limited (G8 Education) for Affinity Education Group Limited (Affinity).

Under section 64(1) of the ASIC Act, the maximum penalty for giving false or misleading information during an ASIC examination is two years' imprisonment, 100 penalty units, or both.

The charges have been listed for mention in the Brisbane Magistrates’ Court on Friday, 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 Australian Securities Exchange.

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. On 5 October 2015, the Takeovers Panel made a declaration of unacceptable circumstances in relation to the takeover bids.

Editor's note:

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 2:

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 3:

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 4:

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 5:

On 21 December 2018, the Brisbane Magistrates’ Court ordered that the matter be listed for a further mention hearing on 1 February 2019.

Editor's note 6:

On 1 February 2019, the Brisbane Magistrates’ Court ordered that the matter be listed for a further mention hearing on 1 March 2019.

Editor's note 7:

On 1 March 2019, the Brisbane Magistrates’ Court ordered that the matter be listed for a further mention hearing on 15 March 2019.

Editor's note 8:

On 15 March 2019, the Brisbane Magistrates’ Court ordered that the matter be listed for a further mention on 5 April 2019 and a committal hearing on 29 July 2019.

Editor's note 9:

On 29 July 2019, Mr Burke was committed to stand trial on five charges following a committal hearing before the Brisbane Magistrates’ Court (refer: 19-194MR).