Following an ASIC investigation, Mr Steven Philip Heaton of South Melbourne, Victoria, appeared in the Melbourne Magistrates’ Court on 29 July 2020 on nine counts of fraud.

ASIC alleges that on or around 9 November 2015, Mr Heaton dishonestly made false representations to an investor to obtain a loan of $117,500 for the benefit of Independent Products Pty Ltd ACN 169 714 032 (Independent Products) of which he was a director. ASIC also alleges that between 1 December 2015 and 20 January 2017, Mr Heaton made false representations to a number of persons to induce them to invest a total of $974,667 in HVPS Holdings Pty Ltd (ACN 169 713 615), of which he was also a director, and Independent Products.

Mr Heaton has been charged with one count pursuant to section 82(1) of the Crimes Act (Vic) and eight counts pursuant to section 191(1)(a) of the Crimes Act (Vic).

The matter has been adjourned for a committal mention at the Melbourne Magistrates’ Court on 1 December 2020.

The matter is being prosecuted by the Commonwealth Department of Public Prosecutions following a referral from ASIC.

Editor's note 1:

On 1 December 2020, the court granted an adjournment application. The matter is listed for 23 February 2021 for a further committal mention.

Editor's note 2:

On 23 February 2021, the court granted a further adjournment application. The matter is listed for 20 April 2021 for a final committal mention.

Editor's note 3:

On 20 April 2021, a plea of not guilty was entered to all the charges. The matter is listed for a directions hearing on 18 May 2021 at the County Court of Victoria.

Editor's note 4:

On 18 May 2021, the matter was heard in the County Court of Victoria. The matter returns on 12 August 2021 for a further directions hearing.  

Editor's note 5:

On 12 August 2021, the matter continued in the County Court of Victoria. The matter returns on 2 December 2021 for final directions.

Editor's note 6:

The hearing listed for 2 December 2021 has been vacated and relisted to 10 December 2021 in the County Court of Victoria.

Editor's note 7:

On 10 December 2021, the matter was adjourned to 8 March 2022.

Editor's note 8:

On 8 March 2022, the court listed a trial date of 7 November 2022 with an estimated trial duration of four weeks. A further directions hearing is listed for 4 October 2022.