Media Release: QLD (TOPLEY) - Bankrupt pleads guilty to two offences under the Bankruptcy Act

Friday, May 13, 2016

Mr Topley was made bankrupt on 27 August 2014, due to a Sequestration order against his estate by the Commonwealth Bank, trading as Bankwest.

Mr Topley’s trustee advised him to submit a statement of affairs within 14 days of his bankruptcy and to obtain permission before travelling overseas.

Mr Topley failed to file a statement of affairs and on 22 April 2015, departed Australia without his trustee’s permission.

Mr Topley was convicted on both counts and incurred a fine of $500 for each offence.

In passing sentence, the Magistrate noted the chronology of events and Mr Topley’s extensive failure to comply over a long period of time.

The Magistrate further noted that there was no evidence that the offences were committed under extenuating circumstances—and that the personal hardships experienced by Mr Topley in late 2012, occurred well before he returned to work and before he failed to file the statement of affairs.

The Magistrate concluded that there was nothing in Mr Topley’s character or prior behaviour that required consideration of a nominal punishment.

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