Jim (Dimitrios) Bakos of Thornbury, Victoria, has been charged with making a false or misleading statement to ASIC.

Following an ASIC investigation, it is alleged that in August 2017*, Mr Bakos, a former director of VFD Pty Ltd ACN 105 333 579 (Deregistered) (VFD), instructed its registered agent to lodge a form with ASIC to deregister VFD. It is alleged the form contained a false or misleading statement. At the time, the registered agent was unaware that the form contained a false or misleading a statement.

ASIC alleges that Mr Bakos authorised the false declaration to be made on the form by asserting VFD had no outstanding liabilities. At the time the form was lodged with ASIC, VFD owed a former employee $11,106.19 in outstanding employee entitlements.

The matter was mentioned on 5 August 2021 in the Melbourne Magistrates’ Court and was administratively adjourned for further mention on 14 October 2021.

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

Background

On 4 August 2017*, the Federal Circuit Court of Australia declared that VFD contravened the Storage Services and Wholesale Award 2010 and the Fair Work Act 2009 and ordered it to pay a former employee $11,106.19.

Making a false or misleading statement to ASIC is a breach of s1308 of the Corporations Act and carries a maximum penalty of five years imprisonment.

Editor's note 1:

On 14 October 2021, the matter was adjourned to plea fixture on 24 January 2022.

*Editor's note 2:

This media release was updated on 24 January 2022 to correct relevant dates.