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 s206(1)(a) of the Corporations Act and has a maximum penalty of 2000 penalty units or five years imprisonment.
