On 9 January 2019 the Inspector-General in Bankruptcy referred Mr David Leigh to a committee convened under Part 2 of Schedule 2 to the Bankruptcy Act (the Act). The Inspector-General in Bankruptcy had formed the belief under s40-40(1)(n) of Schedule 2 to the Act that Mr Leigh was no longer a fit and proper person to be a registered trustee, having pleaded guilty to three charges of fraud in the Brisbane Magistrate’s Court. The Inspector-General in Bankruptcy sought a written explanation from Mr Leigh who elected not to respond.
Mr Leigh also elected not to attend a disciplinary committee hearing that took place on 29 January 2019. The committee provided its decision to the Inspector-General in Bankruptcy on 1 February 2019. The committee decided that Mr Leigh’s registration as a trustee should be cancelled and that a condition be imposed on all other registered trustees that they must not allow Mr Leigh to carry out any of the functions or duties, or exercise any of the powers, of a trustee on their behalf for a period of 10 years from the date the decision takes effect, that is 1 February 2019. The committee also decided that the Inspector-General in Bankruptcy publish the committee’s reasons for its decision and its report. Consistent with section 40-65 of Schedule 2 of the Bankruptcy Act 1966, the Inspector-General in Bankruptcy has given effect to the committee’s decision. The committee’s report may be accessed below.