Mr Rohan Rodney Aujard of Campbellfield, Victoria, was sentenced on 7 June 2018 after pleading guilty to the offence of knowingly making a false declaration in his Statement of Affairs.
Mr Aujard filed for voluntary bankruptcy on 19 September 2012 following a failed application for a Personal Insolvency Agreement, which was rejected by his creditors.
Mr Aujard’s Statements of Affairs for his Personal Insolvency Agreement (PIA) was signed on 10 August 2012, and his bankruptcy Statements of Affairs was signed on 18 September 2012. He was charged with two counts of signing a false declaration under section 267(2) of the Bankruptcy Act 1966. The charges were amended and rolled into one charge, given that the majority of the facts were the same for both counts.
Mr Aujard failed to declare that he had been the owner of a property in Hawthorn, and that his CBA account held a credit balance of $101,263.14 instead of the declared $179.37. He also failed to declare that he had transferred the shares in horses he owned to Ballymore Stables, as full satisfaction of an unsecured personal debt owing to them of $132,360.23, and that he sold 70,000 shares for which he received $42,263.04.
On 7 June 2018, Mr Aujard entered a plea of guilty at the Melbourne Magistrates Court.
Her Honour Magistrate Metcalf found the charge proven. She commented that people in Mr Aujard’s circumstances had a responsibility to tell the truth, stating: “The bottom line is you should have told the truth and you didn’t, and now you are here facing criminal matters”. She further commented that she took into account the delay from the time of the commission of the offences (2012) to prosecution, stating that a penalty more severe than a conviction bond was not appropriate. Her Honour further commented that Mr Aujard was unlikely to re-offend, and given his current financial situation he would be unable to pay a significant fine.
Mr Aujard was convicted and placed on a $500 good behaviour bond for 12 months, and was also ordered to pay costs of $183.29 to Australian Financial Security Authority.
The matter was prosecuted by the office of the Commonwealth Director of Public Prosecutions on behalf of the Australian Financial Security Authority.