Former New Zealand rugby league captain Jarrod McCracken appeared in the Brisbane Magistrates court on Monday 26 March and pled guilty to leaving Australia without the consent of his trustee.
Magistrate Hall convicted Mr McCracken and sentenced him to a two year good behaviour bond upon entering into a $5,000 recognizance.
In sentencing, Magistrate Hall said that Mr McCracken had flouted the provisions of the Bankruptcy Act and that it was important to have a level of deterrence.
Mr McCracken was made bankrupt on 18 December 2013 by debtors’ petition. Sydney based trustee Nicholas Crouch of Crouch Amirbeaggi was appointed to administer his bankruptcy.
On 19 December 2013, Mr Crouch sent Mr McCracken a letter advising him that he was not permitted to leave Australia without the consent of his trustee.
On 27 November 2015, Mr Crouch received information that Mr McCracken was in Bali. Mr Crouch contacted authorities and it was confirmed that Mr McCracken had travelled to Bali and returned on 6 December 2015.
The matter was referred to AFSA for investigation and it was revealed that Mr McCracken had travelled from Australia on three occasions while bankrupt, (4 November 2014 to 7 November 2014, 30 October 2015 to 18 November 2015, 3 December 2015 to 6 December 2015) without Mr Crouch’s permission.
Investigations also revealed that Mr McCracken had attempted to leave Brisbane International airport on 11 July 2016 but was stopped by the Australian Federal Police.
On 18 May 2017, Mr McCracken was interviewed by AFSA investigators. During the interview he admitted to leaving Australia on each occasion without Mr Crouch’s consent however, claimed he had been told by an advisor it was ok for him to do so and he had assumed the advisor had spoken to Mr Crouch.
Bankrupts wishing to travel overseas are required to have written consent by their trustee.
This matter was prosecuted by the Office of the Commonwealth Director of Public Prosecutions on behalf of the Australian Financial Security Authority.