Julia Falcone, of Blackburn South in Victoria, has been sentenced for making a false or misleading statement to ASIC.

Ms Falcone was sentenced without conviction upon entering into a recognisance order in the sum of $1,000 to be of good behaviour for 12 months.

ASIC alleged that on or around 20 March 2020, Ms Falcone knowingly lodged a form with ASIC  that contained a statement that was false or misleading and that Ms Falcone did not take all reasonable steps to ensure that the form was not materially false or misleading because of the statement.

Specifically, ASIC alleged that Ms Falcone, a former director of Nakama Melbourne Pty Ltd (Deregistered) A.C.N. 142 930 194 (Nakama), lodged a form with ASIC backdating her resignation as director of Nakama to 14 October 2011.

ASIC alleged that Ms Falcone did not resign as a director on 14 October 2011 and continued to act in the position of director of Nakama up until the date it was placed into liquidation via a creditors voluntary winding up on 19 July 2018.

As a result of lodging the form and backdating her resignation, Ms Falcone altered her position as director of Nakama and the normal duties and responsibilities attributable to that role.

Ms Falcone was sentenced on 17 March 2022.

The matter was prosecuted by the Commonwealth Director of Public Prosecutions. 

Background

From 18 February 2021, new laws came into effect which prohibit directors from improperly backdating their resignation or leaving their company with no directors. Read more about resigning or removing a company director.