Mr Paul Annesley of Bulla, Victoria, has appeared in the Broadmeadows Magistrates' Court after being charged with failing to answer questions during a liquidator’s public examination.

Mr Annesley was summonsed to appear at a public examination at the Supreme Court of Victoria on 24 February 2017 on application of Mr Jason Stone and Mr Glen Franklin, of PKF Australia, who were appointed Liquidators (the Liquidators) of Fleurie Pty Ltd (In Liquidation) (the Company). The Liquidators sought to examine Mr Annesley about his involvement and knowledge about the affairs of the Company and believed he was a shadow director of the Company.

During the public examination, Mr Annesley allegedly refused to answer questions about the Company. Judicial Registrar Hetyey, who oversaw the public examination, warned Mr Annesley that he was required to answer the questions. Despite the warning, Mr Annesley allegedly continued to not answer questions.

Following the public examination, the matter was referred to ASIC for investigation. ASIC supported the liquidator by bringing charges for refusing to answer questions.

Mr Annesley first appeared on 7 May 2019. The matter has been adjourned to 4 June 2019.

The Commonwealth Director of Public Prosecutions is prosecuting the matter.

Background

On application of external administrators, a court can issue summons requiring persons to attend and answer questions at a public examination about the affairs companies in external administration.

Any person failing to attend or refusing to answer questions without having a reasonable excuse commits a criminal offence carrying a maximum term of two years imprisonment.

Anyone acting as a ‘shadow director’ can be held responsible and accountable to the same duties and liabilities as a director, even if not formally appointed as one. See here for more information.

Editor's note:

On 4 June 2019, the matter was adjourned to Melbourne Magistrates’ Court on 24 June 2019 for a filing hearing.

Editor's note 2:

On 24 June 2019, the matter was adjourned until 2 September 2019 for a committal mention.

Editor's note 3:

On 11 September 2019, Mr Annesley was committed for trial following a hand-up committal. The trial date is yet to be fixed.

Editor's note 4:

The matter has been set down for a directions hearing on 22 September 2020 with the trial date set for 23 November 2020.

Editor's note 5:

The matter was heard on 23 November 2020 and adjourned for a further directions hearing on 22 January 2021.

Editor's note 6:

The matter has been adjourned to 30 March 2021 at Melbourne County for a case conference.

Editor's note 7:

The matter has been adjourned to 20 April 2021 for mention.

Editor's note 8:

The matter has been adjourned to 16 August 2021 at Melbourne County Court for mention.

Editor's note 9:

The matter has been adjourned to 1 December 2021 at Melbourne County Court for trial to commence with an estimate of 10 days.

Editor's note 10:

At a directions hearing on 17 November 2021, the trial date of 1 December 2021 was vacated and adjourned to 27 April 2022 at Melbourne County Court for trial.

Editor's note 11:

The trial has been adjourned to 5 May 2022.

Editor's note 12:

The trial has been adjourned to 15 June 2022.