Geoffrey Anthony Shannon, of Port Macquarie, NSW, has been charged with managing a corporation while disqualified.

Mr Shannon was an undischarged bankrupt from 16 December 2013 to 20 February 2017, and as a result he was automatically disqualified from managing corporations during this period.

Following an ASIC investigation, it is alleged that between 20 December 2013 and 1 March 2015, Mr Shannon made or participated in making decisions that affected the whole or a substantial part of the business of a corporation, namely Business and Personal Solutions Pty Ltd ACN 167 335 195, while he was disqualified. The company provided advocacy services to clients with bank debts, many of which were farmers.

The matter was heard in the Southport Magistrates Court on 19 April 2021 and 21 June 2021. Mr Shannon was excused from attending on both occasions and was legally represented. The matter is listed for further mention at the Southport Magistrates Court on 19 July 2021.

The matter is being prosecuted by the Commonwealth Director of Public Prosecutions following a referral from ASIC.

Background

Managing a corporation while disqualified is contrary to section 206A(1) of the Corporations Act 2001 (Cth).

At the time of the alleged offending, managing a corporation whilst disqualified carried a maximum penalty of one year’s imprisonment and/or 50 penalty units.

Editor’s note

On 19 July 2021, the matter was adjourned to 16 August 2021.

Editor’s note 2:

On 16 August 2021, the matter was adjourned by consent to 15 November 2021.

Editor's note 3:

On 15 November 2021, the matter was adjourned to 17 January 2022 for mention. The matter is listed for a three-day hearing in the Southport Magistrates Court on 28 February, 1 and 3 March 2022.

Editor's note 4: 

On 17 January 2022, the matter was adjourned to 4 February 2022 for mention.

Editor's note 5:

On 21 February 2022, the hearing dates of 28 February, 1 and 3 March 2022 were delisted. The matter returns for mention on 7 March 2022.

Editor's note 6:

On 7 March 2022, the matter was adjourned to 19 September 2022. A three-day hearing is scheduled for 31 October 2022 to 2 November 2022 at Southport Magistrates Court.

Editor's note 7:

On19 September 2022, the matter was mentioned and remains scheduled for a three-day hearing from 31 October 2022 to 2 November 2022 at Southport Magistrates Court.

Editor's note 8:

The hearing commenced in the Southport Magistrates Court on 31 October 2022 to 2 November 2022 with the matter part heard. The matter is listed for mention on 21 November 2022 when further hearing dates will be set.

Editor's note 9: 

On 21 November 2022, the matter was mentioned and further hearing dates were set for 15 May 2023 to 18 May 2023 at Southport Magistrates Court.

Editor's note 10:

The hearing continued on 15 and 16 May 2023 at the Southport Magistrates Court. The matter has been adjourned to 22 August 2023.

Editor's note 11:

The hearing concluded on 22 August 2023 and the magistrate has reserved his decision to a date to be advised by the Court. 

Editor's note 12:

Mr Shannon has been found not guilty of managing a corporation while disqualified. The Southport Magistrates Court delivered its decision on 22 November 2023 (refer 23-317MR).