Mark Barnes of Sutherland, NSW, appeared at the Downing Centre Local Court on 4 February 2025 charged with two offences of dishonestly obtaining a financial advantage by deception and one offence of attempting to dishonestly obtain a financial advantage by deception.

As a result of an ASIC investigation, it is alleged that between about 28 May 2018 and about 20 December 2019 Mr Barnes sold false invoices from his company Barnes Marketing Services Pty Ltd (In Liquidation) to financial funding company Handley Advisory Partners Pty Ltd trading as FIFO Capital Metro NSW (FIFO), a lender which provides cash flow solutions including advance payments on the face value of purchased invoices.

The false invoices were for services purportedly rendered by Barnes Marketing Services to the Sydney Symphony Orchestra, which resulted in Mr Barnes obtaining amounts of $1,318,979 and $1,159,645 respectively.

No services had been rendered to the Sydney Symphony Orchestra.  Services had been provided to Opera Australia, but the false invoices inflated the amounts purportedly invoiced.

Mr Barnes generally repaid the amounts advanced and obtained from FIFO around the date required for repayment but continued to submit further false invoices on a rolling basis to continue to have funds available.

It is also alleged that on about 13 January 2020 Mr Barnes attempted to dishonestly obtain the amount of $118,206 in respect of a further false invoice sent to FIFO for services purportedly rendered to the Sydney Symphony Orchestra.

The matter has been adjourned to 4 March 2025 further mention.

This matter is being prosecuted by the Office of the Director of Public Prosecutions (Cth).

Background

Mr Barnes was charged in December 2024 with two counts of dishonestly obtaining a financial advantage by deception and one count of attempting to dishonestly obtain a financial advantage by deception contrary to section 192E(1)(b) of the Crimes Act 1900 (NSW).

The maximum penalty for the alleged offence is 10 years' imprisonment.

ASIC commenced an investigation after receiving a funded report from Steven Gladman of Hall Chadwick, the liquidator appointed to Barnes Marketing Services Pty Ltd (In Liquidation) on 25 May 2021.  ASIC provided funding to Mr Gladman from the Assetless Administration Fund to investigate the matter.