Ms Kim Moira Britton, aged 60, was sentenced at the Proserpine Magistrates Court on 18 September 2017 on two counts of removing property prior to bankruptcy.
On 12 March 2014, Ms Britton was served a bankruptcy notice relating to an unpaid Family Court judgment of $45,000.
Five days later Ms Britton contacted her superannuation providers and requested the cash withdrawal of the balances of her two superannuation accounts.
On 20 March 2014 and 27 March 2014, Ms Britton’s superannuation providers paid $25,401.96 and $33,399.06 respectively into accounts in Ms Britton’s name.
On 21 March 2014 and 28 March 2014, Ms Britton made 8 cash withdrawals totalling $58,000.
On 20 April 2014, Ms Britton filed for bankruptcy. When questioned by her registered trustee about what she did with the money, Ms Britton advised that she had spent the entire amount on ordinary living expenses.
Ms Britton was convicted and sentenced to six months imprisonment and released immediately on a $3000 good behaviour bond for three years. In passing sentence, the Magistrate took into account the seriousness of the offence and noted the need for deterrence.
The matter was prosecuted by the Commonwealth Director of Public Prosecutions on behalf of the Australian Financial Security Authority.