A 48-year-old engineer from Mount Martha, Mr Antony Sean Fensome, was sentenced on 7 September 2017 after pleading guilty to disposing of property after bankruptcy, altering records, and leaving Australia without written permission from his trustee.
Mr Fensome filed for voluntary bankruptcy on 11 September 2012 with debts in excess of $83,000. At the time, Mr Fensome jointly owned a property in the United Kingdom which he sold during his bankruptcy period for £225,000.
Following the sale, Mr Fensome provided false information to his trustee about the amount he received, including a false bank account statement and settlement statement, showing he received only £195,000 from the sale. He has since commenced making repayments to the trustee in respect of the $37,708.48 debt owing from the unauthorised sale of the UK property.
During a voluntary interview with the Australian Financial Security Authority Investigators, Mr Fensome made admissions that he had provided false information about the amount of surplus proceeds from the sale and that he had produced the false documents to reduce the amount he would have to pay to his trustee.
Mr Fensome also travelled overseas on six occasions during his bankruptcy, without written permission from his trustee.
In sentencing, His Honour noted that the offences were extremely serious and, if not for the accused’s early guilty plea, personal circumstances and repayment schedule, he would have faced a period of imprisonment.
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Charges and sentence:
Antony Sean Fensome was charged with:
- Disposal with intent to Defraud Creditors – contrary to s266(1) of the Bankruptcy Act 1966
- Alter a Book affecting or relating to a Bankrupt’s Examinable Affairs – contrary to s265(4)(c) of the Bankruptcy Act 1966
- Leaving Australia without trustee’s consent – contrary to s272(1)(c) of the Bankruptcy Act 1966
Magistrate Lethbridge sentenced Mr Fensome at Dromana Magistrates’ Court to a 15 month Community Correction Order (CCO) and 150 hours of community service.