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Tuesday 4 June 2019

19-126MR ASIC charges David Anderson with fraud on Octaviar subsidiary company

Former Chief Financial Officer of Octaviar Limited, Mr David Mark Anderson, of the Gold Coast, Queensland, appeared in Southport Magistrates Court charged with twenty-six counts of fraud under the Criminal Code (Queensland).

ASIC alleges that between 18 June 2012 and 21 September 2015, Mr Anderson, while a director of Octaviar Investment Holdings No 3 Pty Ltd (OIH3), dishonestly applied $4,611,571.86 of OIH3 money for his own use.

At the time of the alleged conduct, Mr Anderson was the sole director of OIH3.

The charges were brought against Mr Anderson following an ASIC investigation into his conduct as the director of OIH3 and other companies in the Octaviar Group.

Mr Anderson was released on bail on condition and the matter adjourned to 2 September 2019 before the Southport Magistrates court for further mention.

The Commonwealth Director of Public Prosecutions is prosecuting the matter.

Background

David Mark Anderson was the CFO and Company Secretary of Octaviar Limited (in liquidation) (formerly known as MFS Limited).

Octaviar Ltd was a publicly listed company with interests in financial services, travel and leisure and childcare businesses, based on the Gold Coast.

The Octaviar Group collapsed in 2008 owing $2.5 billion. OIH3 was a subsidiary in the Octaviar Group.

Editor's note:

On 2 September 2019, at a mention at the Southport Magistrates Court, the charges against Mr Anderson were amended to include a further charge of fraud under the Criminal Code (Queensland) (Code). Mr Anderson is now charged with twenty-seven counts of fraud under the Code. The alleged total amount of the fraud is now $4,860,539.86.

The next court date is 4 November 2019.

Editor's note 2: 

On 4 November 2019, the matter was adjourned to 17 February 2020 for mention.

Editor's note 3: 

On 17 February 2020, the matter was adjourned for further mention on 16 March 2020 in the Southport Magistrates Court.

Editor's note 4:

On 16 March 2020, the matter was adjourned for further mention on 18 May 2020 in the Southport Magistrates Court.

Editor's note 5:

On 18 May 2020, the matter was adjourned for further mention on 20 July 2020 in the Southport Magistrates Court.

Editor's note 6:

On 20 July 2020, the matter was adjourned for further mention on 19 October 2020 in the Southport Magistrates Court.

Editor's note 7:

On 19 October 2020, the matter was adjourned for further mention on 2 November 2020 in the Southport Magistrates Court.

Editor's note 8:

On 2 November 2020, the matter was adjourned for further mention on 9 November 2020 in the Southport Magistrates Court.

Editor's note 9:

On 9 November 2020, the matter was listed for a committal hearing on 15 and 16 March 2021 in the Southport Magistrates Court.

Editor's note 10:

On 15 March 2021, Mr Anderson was committed for trial on 27 charges of fraud under the Criminal Code (Queensland), after a committal hearing before the Southport Magistrates Court.

Mr Anderson’s trial will be heard before the Queensland District Court at Southport on a date to be fixed.

Editor's note 11:

On 28 July 2021, Mr Anderson was indicted on all 27 charges involving fraud under the Criminal Code (Queensland).  The matter is listed for mention in the Southport District Court on 8 September 2021.

Editor's note 12:

The court has administratively moved the next mention from 8 September 2021 to the 9 September 2021. The mention will be in the Southport District Court.

Editor's note 13:

On 9 September 2021, the matter was adjourned for a further mention on 7 October 2021 in the Southport District Court.

Editor's note 14:

On 7 October 2021, the matter was adjourned for a further mention on 28 October 2021 in the Southport District Court.

Editor's note 15:

On 28 October 2021, the matter was listed for trial in the Southport District Court commencing on 6 June 2022 and for trial review mentions to take place on 27 May 2022 and 3 June 2022. The matter will next be mentioned on 10 February 2022.

Editor's note 16:

On 11 January 2022, the Southport District Court relisted the trial to commence on 26 September 2022, with trial reviews to take place on 16 and 23 September 2022. The next mention of the matter will be held on 2 June 2022.

Last updated: 04/06/2019 12:00