Mr Tom Thompson of Cabarita, New South Wales, has pleaded guilty to two counts of making false or misleading statements in documents lodged with ASIC.

Mr Thompson is a director of Gumquest Pty Ltd ACN 072 443 611 (Gumquest) and a former director of Bonaparte Films Pty Ltd ACN 159 657 753 (Bonaparte Films). The companies were in the business of producing and distributing film and television programs.

An ASIC investigation found that Mr Thompson lodged documents with ASIC to voluntarily deregister Gumquest on 4 December 2018 and Bonaparte Films on 30 April 2019. Mr Thompson declared in the documents that Gumquest and Bonaparte Films did not have any outstanding liabilities and were not a party to legal proceedings. As at 4 December 2018 and 30 April 2019, Gumquest and Bonaparte Films were jointly involved in legal proceedings and jointly liable to pay costs in those proceedings.

The matter has been adjourned until 15 March 2022 for sentencing at the Sydney Downing Centre.

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

Background

Mr Thompson appeared in the Downing Centre in Sydney on 15 February 2022.

At the time of the conduct, the maximum penalty for an offence under section 1308(2) of the Corporations Act was 200 penalty units and or five years imprisonment or both. When dealt with summarily, the maximum penalty is 12 months imprisonment and/or a fine of 60 penalty units.

Editor's note 1:

The matter was heard at the Sydney Downing Centre Court on 15 March 2022 and adjourned to 19 April 2022 for sentencing.

Editor's note 2:

At the sentencing hearing in the Downing Centre Court on 19 April 2022, the Magistrate dismissed the charges under s19B(1)(c) of the Crimes Act, taking into account Thompson’s prior good character, his contribution to Australian arts and culture and the fact he was very unlikely to reoffend (refer: 22-113MR).