Joanne Jennifer Pellew (also known as Joanne Jennifer Pellew-Hajinoor), of Ascot, Western Australia, has been charged with breaching her directors’ duties, making a false or misleading statement to ASIC and managing a corporation while disqualified.

The conduct relates to Ms Pellew’s involvement in three labour hire companies, namely Ochre Training Pty Ltd ACN 154 675 242 (OT), Ochre Workforce Solutions Pty Ltd ACN 625 510 161 (OWFS) and Ochre People Pty Ltd ACN 628 215 538 (OP).

Following an ASIC investigation, it is alleged that:

• between 10 May 2018 and 28 May 2018, Ms Pellew dishonestly used her position as a director of OT to unlawfully make three separate transfers totaling $739,655.000 from OT to OWFS; and
• between 11 April 2018 and 28 June 2018, Ms Pellew used her position as a director of OT to transfer the business assets of OT to OWFS for no consideration; and
• on 1 June 2018, Ms Pellew used her position as a director of OT to assign the lease of OT’s business premises to OWFS for no consideration.

The alleged conduct is commonly known an illegal phoenix activity.

It is also alleged that Ms Pellew intentionally omitted information on a report as to affairs (RATA) that she completed and provided to the liquidator of OT. When the RATA was lodged with ASIC, it is alleged that Ms Pellew made a false or misleading statement.

It is further alleged that Ms Pellew managed a corporation while disqualified by:

• executing three labour hire agreements on behalf of OP between 9 May 2019 and 18 October 2019; and
• entering payment plans on behalf of OP with the Australian Taxation Office between 21 October 2019 and 21 February 2020.

Ms Pellew appeared in the Magistrates Court of Western Australia on 18 June 2021. The matter has been adjourned for further mention on 30 July 2021.

The matter is being prosecuted by the Commonwealth Director of Public Prosecutions.

Background

Ms Pellew has been disqualified from managing corporations since 20 February 2019 when she was made a bankrupt. Ms Pellew was also disqualified from managing corporations by ASIC for five years commencing 28 October 2019 (19-311MR).

Ms Pellew has been charged with:

• five counts of breaching her director duties pursuant to s184(2)(a) of the Corporations Act which at the time had a maximum penalty of 2000 penalty units, or imprisonment for five years, or both;
• making a false or misleading statement to ASIC pursuant to s1308(2) of the Corporations Act and has a maximum penalty of five years imprisonment or 200 penalty units; and
• four counts of managing a corporation while disqualified pursuant to s206A(1)(a) of the Corporations Act and has a maximum penalty of 2000 penalty units or five years imprisonment.

Editor's note 1:

On 30 July 2021, the matter was adjourned for further mention on 10 September 2021.

Editor's note 2:

On 10 September 2021, the matter was adjourned for further mention on 8 October 2021.

Editor's note 3:

Following an adjournment to 19 November 2021, the matter was further adjourned to 17 December 2021.

Editor's note 4:

Following an adjournment to 17 December 2021, the matter was further adjourned to 14 January 2022.

Editor's note 5:

On 14 January 2022, the matter was adjourned for committal mention on 6 April 2022. 

Editor's note 6:

This matter has been adjourned to 20 May 2022 for committal mention.

Editor's note 7: 

On 20 May 2022, the matter was adjourned to 1 July 2022.

Editor's note 8:

The matter has been adjourned to 29 July 2022 for committal mention.

Editor's note 9:

The matter has been adjourned to 12 August 2022 for committal mention.

Editor's note 10:

On 12 August 2022, the matter was committed to the District Court for trial listing hearing on 4 November 2022.

Editor's note 11:

The trial listing hearing on 4 November 2022 has been vacated and re-listed for 2 December 2022.

Editor's note 12:

On 2 December 2022, the matter was adjourned to 24 March 2023 for mention. The matter was also listed for a fifteen-day trial commencing on 6 March 2024.

Editor's note 13:

Ms Pellew attended court on 24 March 2023 and the matter was scheduled for a status conference on 6 July 2023.

Editor's note 14:

Ms Pellew attended court on 6 July 2023 and the matter was scheduled for a status conference on 14 September 2023.

Editor's note 15:

The status conference on 14 September 2023 has been adjourned to 19 October 2023.

Editor's note 16:

The status conference on 19 October 2023 has been further adjourned to Thursday 16 November 2023.

Editor's note 17:

The statis conference on 16 November 2023 has been further adjourned to Thursday 11 December 2023. 

Editor's note 18: 

Ms Pellew attended court on 11 December 2023 where the matter was scheduled for a further status conference on Thursday 25 January 2024. 

Editor's note 19:

Ms Pellew attended court on 25 January 2024. The matter will proceed to trial, commencing on 6 March 2024.

Editor's note 20:

Ms Pellew attended court on 22 February 2024. The matter will proceed to a further status conference on 26 February 2024.

Editor's note 21:

Ms Pellew attended court on 26 February 2024, where her application to adjourn the current trial dates was granted. The matter will proceed to a new Trial Listing Hearing on 8 March 2024.

Editor's note 22:

On 8 March 2024, the matter was listed for a fifteen-day trial commencing on 5 March 2025.