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Latest News

Sentence for Failure to Disclose Inherited Funds During Bankruptcy

Sentence for Failure to Disclose Inherited Funds During Bankruptcy

Sentence for Failure to Disclose Inherited Funds During Bankruptcy

Recently, a Western Australian man has been sentenced in the Perth Magistrates Court after pleading guilty to two offences under the Bankruptcy Act. 


In April 2026, a sentence of 3 months' imprisonment for each offence was issued, to be served concurrently.


His conduct involved: 

  • failing to disclose an inheritance to his registered trustees 

Recently, a Western Australian man has been sentenced in the Perth Magistrates Court after pleading guilty to two offences under the Bankruptcy Act. 


In April 2026, a sentence of 3 months' imprisonment for each offence was issued, to be served concurrently.


His conduct involved: 

  • failing to disclose an inheritance to his registered trustees and;
  • dealing with the funds by transferring the funds to another bank account after the filing of his bankruptcy petition.


Magistrate Urquhart released Mr Machin on a $1,000 Recognizance Release Order with a condition that he be of good behaviour for 12 months.


Hidden inheritance 

Mr Machin became bankrupt in April 2021 by way of a Debtor's Petition, and registered trustees were appointed to administer his bankrupt estate.


On 30 December 2021 - approximately 6 months into his bankruptcy - a Grant of Probate was issued naming Mr Machin as both executor and beneficiary of a will. He was entitled to receive $124,780, but failed to disclose receipt of this property to his trustee.


In January 2022, Mr Machin transferred this inheritance into a bank account held in the name of a family member, for which he was a co-signatory. 


Between 1 February 2022 and 27 April 2022, Mr Machin transferred a total of $84,700 from that account into other bank accounts.


The court heard a significant amount of time had passed between Mr Machin receiving and dealing with the funds and notifying the registered trustee, the amount of money involved in the offending was substantial, and Mr Machin's self-reported motivation for offending was to repay 'loan sharks'.


Inspector-General in Bankruptcy and Australian Financial Security Chief Executive, Tim Beresford, said: 


'This sentence acts as both a specific and general deterrence to calculated conduct that undermines confidence in Australia's personal insolvency system. AFSA continues to prioritise harms-based enforcement where deliberate misuse of the system is evident.'


This matter was prosecuted by the Office of the Director of Public Prosecutions (Cth) (CDPP) following an investigation and referral by the Australian Financial Security Authority.


Source: https://www.afsa.gov.au/news/wa-man-sentenced-after-afsa-finds-hidden-assets-bankruptcy 

AFSA - December Personal Insolvencies

Sentence for Failure to Disclose Inherited Funds During Bankruptcy

Sentence for Failure to Disclose Inherited Funds During Bankruptcy

Australian Financial Security Authority (AFSA)  AFSA’s latest provisional statistics show  

an increase in personal insolvencies during December 2025.


A total of 1,063 new personal insolvencies was recorded in December 2025, rising from 992 in November 2025 and rising from 828 in December 2024.


Of the new personal insolvencies:

  • 651 were bankr

Australian Financial Security Authority (AFSA)  AFSA’s latest provisional statistics show  

an increase in personal insolvencies during December 2025.


A total of 1,063 new personal insolvencies was recorded in December 2025, rising from 992 in November 2025 and rising from 828 in December 2024.


Of the new personal insolvencies:

  • 651 were bankruptcies
  • 386 were debt agreements
  • 24 were personal insolvency agreements
  • 2 were insolvent deceased estates.


AFSA also recorded 11 new temporary debt protections during the month. Temporary debt protections give individuals 21 days of relief from unsecured creditor enforcement, allowing time to seek advice or consider insolvency options.


Where industry information was available, the top 3 most common employment industries of an individual entering personal insolvency were:

  • Construction
  • Health care and social assistance
  • Other services.


In December, 344 individuals entering personal insolvency were also involved in a business including sole traders, partners, or company directors. This is an increase from 298 in November 2025.
You can read their full report here 

ASIC Company Search Changes

Pre-Insolvency Advisor Jailed for Financial Deception

Pre-Insolvency Advisor Jailed for Financial Deception

With effect from the beginning of February 2026, ASIC removed ALL directors’ residential addresses from company searches obtained via its website.  


The change applies to both current and historical extracts.


ASIC has advised that the change is in response to concerns regarding a director’s privacy and safety.


Note:

  • The change currently appli

With effect from the beginning of February 2026, ASIC removed ALL directors’ residential addresses from company searches obtained via its website.  


The change applies to both current and historical extracts.


ASIC has advised that the change is in response to concerns regarding a director’s privacy and safety.


Note:

  • The change currently applies to ASIC website searches only
  • Information accessed via credit reporting agencies is unchanged at this time


Various agencies have expressed surprise at the sudden  change, which was made without consultation or a transitional period.  


If  this impacts your industry, please raise your concerns with your professional  body including ASIC, AICM, ARITA, AIIP.

Hands gripping metal prison bars tightly.

Pre-Insolvency Advisor Jailed for Financial Deception

Pre-Insolvency Advisor Jailed for Financial Deception

Pre-Insolvency Advisor Jailed for Financial Deception

On 22 September 2025, the sentencing decision in the matter of The Director of Public Prosecutions v John Michael Voitin, a Melbourne-based lawyer, was handed down in the County Court of Victoria.


For the offences of perverting the course of justice and obtaining financial advantage, His Honour Judge Meredith  issued an overall sentence of

On 22 September 2025, the sentencing decision in the matter of The Director of Public Prosecutions v John Michael Voitin, a Melbourne-based lawyer, was handed down in the County Court of Victoria.


For the offences of perverting the course of justice and obtaining financial advantage, His Honour Judge Meredith  issued an overall sentence of 3 years' imprisonment, with a minimum of one (1) year to be served.


In handing down sentencing, His Honour made the following remarks:

  • “As a legal professional, dishonesty and fraud-based offending is a serious matter, especially as Voitin used his capacity as an officer of the court to deceive the justice system, his clients and their creditors.
  • Under such circumstances, general deterrence is an important factor to communicate to other members of the legal profession that this conduct is unacceptable and shall be punished.”


This matter was the result of a joint investigation between AFSA and the Australian Federal Police. These investigations identified an elaborate scam targeting business owners experiencing financial difficulty or bankruptcy.


AFSA welcomes the Court's decision with AFSA Chief Executive Tim Beresford, saying:

  • “Mr Voitin engaged in activities with the intent to defraud, submit false declarations and unlawfully dispose of assets.
  • Unfortunately, there are people who deliberately manipulate the system to their personal advantage, harming individuals who are experiencing financial difficulty.
  • AFSA is committed to ensuring that individuals or businesses who exploit the credit system at the expense of Australians experiencing financial vulnerability are investigated and held accountable.
  • This case highlights the need for people experiencing financial difficulty to ensure that any financial advice comes from a qualified and trustworthy source.”


A spokesperson for the Australian Federal Police said:

  • “This scheme was deliberately set out to exploit the financial and legal system. It disadvantaged honest businesses and the broader Australian community.
  • Anyone involving themselves in these types of practices is engaging in criminal behaviour and you will be caught.”


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