Media Release: QLD (JOHNS) – Bankrupt convicted for failing to file a Statement of Affairs form

Tuesday, December 4, 2018

On 7 November 2018, Mr Jeffrey Gordon Johns was tried and convicted without passing sentence under section 20(1)(a) of the Crimes Act and placed on a $1500 good behaviour bond for three years for failing to lodge a statement of affairs at the Southport Magistrates Court.

On 6 December 2013, Mr Johns was made bankrupt by order of the court after he failed to repay a debt against a Yamaha quad bike. Mr Johns refused to accept the court order, and claimed the bike had been purchased fraudulently by someone who had stolen his identity.

On 13 January 2014, Mr Johns was informed of his requirement to file a Statement of Affairs—a requirement of the bankruptcy process.

As a result, Mr Johns’ case was referred to AFSA Enforcement for investigation in December 2015.

Magistrate Howden took into consideration Mr Johns’ age, the fact he was retired and was unable to repay a fine based on the date of offending.

The matter was prosecuted by the Office of the Commonwealth Director of Public Prosecutions on behalf of the Australian Financial Security Authority.

Key points:

  1. Mr Johns became bankrupt on 6 December 2013 by way of a sequestration order, on a petition by Yamaha Motor Finance Australia Pty Ltd (‘Yamaha’). Mr Johns entered into a loan agreement with Yamaha dated 21 April 2006, to purchase a Yamaha quad bike ATV 2006 model for the amount of $15,500.03.
  2. Since the early stages of proceedings, well prior to the Sequestration Order being made, Mr Johns denied any liability for the debt, arguing that it was a case of mistaken identity.
  3. On 13 January 2014, Mr Johns was personally served by a process server at his known address with the initial pack letter from the Official Trustee, which included notice of his requirement to file a Statement of Affairs.
  4. With the Statement of Affairs still not being filed, on 9 December 2015 the Official Receiver served a Notice pursuant to section 77CA of the Act on Mr Johns, requiring him to file his Statement of Affairs, which he did not comply with.
  5. On 7 November 2018, Mr Johns was tried and convicted without passing sentence under section 20(1)(a) of the Crimes Act with a good behaviour bond of $1500 and to be of good behaviour for 3 years.