Media Release: VIC (Frediani) – Bankrupt convicted for failing to declare income and assets

On 21 February 2018, Mr Robert Frediani was sentenced in the Heidelberg Magistrates Court after pleading guilty to making a false declaration in his Statement of Affairs, omitting material particulars from his Income Questionnaires and failing to disclose property to his trustee.

In November 2012, Mr Frediani was made bankrupt on a petition by Eltham College for a debt in excess of $67,000. In his Statement of Affairs, he failed to declare he was in receipt of NewStart Allowance, was a self-employed gardener, operated bank accounts or was the registered owner of a motor vehicle, boat, trailer and caravan.

During his three year bankruptcy, Mr Frediani earned income in excess of $248,000 which he failed to declare to his trustee. He also failed to declare motor vehicles he obtained during this time.

Mr Frediani was convicted and placed on a six month Community Correction Order to perform 100 hours of unpaid community work.

In sentencing, Magistrate Burnside stated it was a noble objective for Mr Frediani to be trying to send his children to a good school, but he was obviously living beyond his means. He added that general deterrence was very important.

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