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18-387MR Undischarged bankrupt and banned NSW builder charged with making false and misleading statements to ASIC
Mr Matthew Geoffrey Rixon, of Lakes Entrance NSW, has appeared before the Gosford Local Court charged with making false and misleading statements in documents lodged with ASIC.
ASIC alleges that between 11 March 2015 and 1 July 2017, Mr Rixon made false and misleading statements in 36 documents lodged with ASIC. The allegations relate to Mr Rixon lodging forms with ASIC to register companies and appoint directors without their consent or using fictitious director names and, upon registration of those companies, lodging forms with ASIC to register business names.
Mr Rixon appeared on 11 December 2018. He did not enter a plea and the matter was adjourned for further mention in the Gosford Local Court on 12 February 2019.
The matter is being prosecuted by the Commonwealth Director of Public Prosecutions.
Lodging false and misleading statements is a breach of s1308(2) of the Corporations Act. Mr Rixon faces 36 charges in total. Each charge carries a maximum penalty of five years imprisonment.
At the time of the allege contravention, Mr Rixon was an undischarged bankrupt and was permanently banned by the NSW Supreme Court from working in the home building industry.
Editor's note 1:
The matter has been adjourned to 12 March 2019.
Editor's note 2:
The matter has been adjourned to 9 April 2019.
Editor's note 3:
On 9 April 2019, the matter was adjourned to 14 May 2019 for a plea to be entered.
Editor's note 4:
On 14 May 2019, the matter was adjourned to 11 June 2019.
Editor's note 5:
Mr Rixon has entered a plea of not guilty. The matter has been adjourned to 9 July 2019.
Editor's note 7:
On 9 July 2019, the matter was adjourned to 22 July 2019 to set a trial hearing date.
Editor's note 8:
On 22 July 2019, the matter was adjourned to 6 August 2019 when it is expected a trial date will be set.
Editor's note 9:
The matter was heard on 6 August 2019 and three days were provided for trial, being 24, 25 and 30 October in the Sydney Local Court.
Editor's note 10:
On 19 September 2019 an additional eight charges (s.1308 offences) were brought against Mr Rixon for similar conduct alleged to have occurred between 5 October 2018 and 20 December 2018. Mr Rixon has pleaded not guilty to these additional charges and they are to be heard together with the current 36 charges.
The trial dates of 24, 25 and 30 October in the Sydney Local Court were vacated on 8 October 2019. New trial dates of 10, 13 and 14 February 2020 have been set, with 21 January 2020 for a mention.
Editor's note 11:
Trial commenced in the Downing Centre Local Court on 10, 13 and 14 February 2020 with the matter part heard. The remainder of the hearing was set for 22, 23 and 24 June 2020, however the matter was ‘de-listed’ in accordance with the Chief Magistrate’s Memorandum (No 9). The matter is now listed for mention on 14 September 2020 when a hearing date will be set.