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A Western Australian director has been charged for managing a company while disqualified and providing misleading information to ASIC.
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Disqualified director charged over illegal phoenixing
02 July 2021
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Following an ASIC investigation, Joanne Jennifer Pellew, of Ascot, Western Australia, has been charged with five counts of breaching her director duties, making a false or misleading statement to ASIC and four counts of managing a corporation while disqualified.
The charges relate to Ms Pellew’s involvement in three labour-hire companies: Ochre Training Pty Ltd, Ochre Workforce Solutions Pty Ltd and Ochre People Pty Ltd. The matter is being prosecuted by the Commonwealth Director of Public Prosecutions.
Ms Pellew was disqualified from managing corporations from 20 February 2019 after she was declared bankrupt.
ASIC imposed another disqualification which prevented Ms Pellew from managing corporations for five years, effective from 28 October 2019.
Ms Pellew was found by the corporate regulator to have made three separate transfers totalling $739,655 from Ochre Training to Ochre Workforce Solutions.
Between April and June 2018, she was also found to have used her position as director of Ochre Training to transfer business assets from the company to Ochre Workforce Solutions, for no consideration.
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She is also alleged to have later used her position as director of Ochre Training, on 1 June 2018, to assign the lease of the company’s business premises to Ochre Workforce Solutions — again, for no consideration.
The corporate regulator alleges Ms Pellew purposely omitted information on a report as to affairs that she provided to the liquidator of Ochre Training.
When the report was lodged with ASIC, it’s alleged that Ms Pellew made a false or misleading statement to the regulator.
ASIC further alleges that Ms Pellew managed a corporation while disqualified for her involvement in three labour-hire agreements on behalf of Ochre People between May and October 2019.
She is also alleged to have managed a corporation while disqualified for entering into payment plans on behalf of Ochre People with the ATO between October 2019 and February 2020.
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