ASIC says former Western Australian director Joanne Pellew was convicted of Corporations Act offences involving director duties, company management while disqualified and fund transfers between Ochre-related entities.
Former WA Director Convicted After ASIC Investigation
On 7 July 2026, theASICdisclosed that Como, Western Australia resident Joanne Jennifer Pellew had been convicted following an ASIC investigation of three counts of dishonestly using her position as a director and one count of managing a company while disqualified. The case involved three labour hire-related companies: Ochre Training Pty Ltd, Ochre Workforce Solutions Pty Ltd and Ochre People Pty Ltd.
On 2 July 2026, a jury in the District Court of Western Australia found Ms Pellew guilty of three offences under section 184(2)(a) of theCorporations Act 2001, namely dishonestly using her position as a director; it also found her guilty of one offence under section 206A(1)(a) of the Act, namely managing a company while disqualified from doing so. ASIC disclosed that the maximum penalty for each offence is five years’ imprisonment.
The jury also found Ms Pellew not guilty of three charges of managing a company while disqualified. The matter was prosecuted by the Commonwealth Director of Public Prosecutions after being referred by ASIC. The next court date is 4 September 2026, when sentencing will take place.
(Source: ASIC,Former WA director Joanne Pellew convicted of Corporations Act offences following ASIC investigation, published: 2026-07-07, paragraphs related to conviction outcomes, the jury’s findings and the sentencing date.)
Jury Found Fund Transfers and Management Restrictions Were Involved
The jury found that, in May 2018, Ms Pellew dishonestly and unlawfully made three transfers from Ochre Training Pty Ltd to Ochre Workforce Solutions Pty Ltd, totalling approximately A$739,655. This finding formed the core factual basis for the offences relating to dishonest use of her position as a director.
The jury also found that, between 20 June 2019 and 27 June 2019, while disqualified from managing companies, Ms Pellew was involved in decisions affecting Ochre People Pty Ltd by entering into a labour hire agreement with the Western Australian Country Health Service.
In May 2018, three fund transfers were made from Ochre Training Pty Ltd to Ochre Workforce Solutions Pty Ltd.
The transfers involved a total of approximately A$739,655.
Between 20 June 2019 and 27 June 2019, Ms Pellew was found to have participated in decisions relating to Ochre People Pty Ltd while disqualified.
On 4 September 2026, the case will proceed to sentencing.
Case Timeline Shows a Multi-Year Investigation
The case was not the result of a single hearing event. According to earlier ASIC announcements, Ms Pellew had been disqualified from managing companies from 20 February 2019 because she had been declared bankrupt. From 28 October 2019, ASIC also imposed a five-year company management banning order against her. On 15 November 2019, ASIC disclosed that the banning decision was related to the liquidation of several training and labour hire companies, company management issues and debt circumstances.
In its 2019 announcement, ASIC said the relevant companies owed more than A$4.5 million in debt. ASIC said at the time that Ms Pellew’s company management conduct was found to have contributed to the failure of the relevant companies, involving failures to exercise directors’ duties with appropriate care and diligence, to ensure the companies kept proper financial records, to ensure the companies paid relevant taxes, and signs of illegal phoenix activity.
(Source: ASIC,19-311MR ASIC disqualifies WA director from managing companies for five years, published: 2019-11-15, paragraphs related to the company management ban, relevant company debts and background information.)
| Date | Subject | Matter | News Significance |
|---|---|---|---|
| May 2018 | Ochre Training Pty Ltd | Approximately A$739,655 was transferred in three payments to Ochre Workforce Solutions Pty Ltd | Formed the core facts behind the offences of dishonestly using a director position |
| 20 February 2019 | Joanne Jennifer Pellew | Disqualified from managing companies after being declared bankrupt | Provided the timing background for the later charge of managing a company while disqualified |
| 28 October 2019 | ASIC | Imposed a five-year company management ban on Ms Pellew | The regulator further restricted her participation in company management |
| May 2021 | ASIC | Ms Pellew was charged with breaching director duties, making false or misleading statements and managing companies while disqualified | The criminal proceedings entered the public charge stage |
| 2 July 2026 | District Court of Western Australia jury | Four Corporations Act-related offences were found proven, while three charges of managing a company while disqualified were found not proven | The case entered the post-conviction sentencing preparation stage |
| 4 September 2026 | District Court of Western Australia | The case is listed for sentencing | The penalty outcome remains subject to the court’s discretion |
2021 Charging Announcement Disclosed the Relationship Between Three Companies
On 1 July 2021, ASIC announced that Ms Pellew had been charged over conduct involving three labour hire companies: Ochre Training Pty Ltd, Ochre Workforce Solutions Pty Ltd and Ochre People Pty Ltd. ASIC said at the time that the charges included breaches of director duties, making false or misleading statements to ASIC, and managing companies while disqualified.
The charging announcement showed that ASIC had alleged Ms Pellew dishonestly used her position as a director of Ochre Training Pty Ltd between 10 May 2018 and 28 May 2018 to transfer three payments totalling A$739,655 to Ochre Workforce Solutions Pty Ltd. The jury’s 2026 conviction outcome corresponds to this fund transfer allegation.
(Source: ASIC,21-158MR Former WA director charged with multiple offences, published: 2021-07-01, paragraphs related to the companies involved, charges and fund transfers.)
Corporations Act Offences Focus on Director Duties and Disqualification Restrictions
The case involved two types of Corporations Act obligations. The first is that directors must not dishonestly use their position, and the second is that a person must not manage a company while disqualified. Director duty rules are generally used to constrain directors’ conduct in relation to company assets, creditor interests and corporate governance; disqualification rules are intended to prevent people who have been lawfully disqualified from continuing to influence company operations and decision-making.
At the time of Ms Pellew’s convicted conduct, section 184 of theCorporations Act 2001provided for a maximum penalty of five years’ imprisonment and/or a fine of 2,000 penalty units; section 206A provided for a maximum penalty of five years’ imprisonment and/or a fine of up to 600 penalty units. ASIC’s latest announcement stated that each proven offence in this case carries a maximum penalty of five years’ imprisonment.
First, the jury confirmed that the three fund transfers in May 2018 were related to the offences of dishonestly using a director position.
Second, the jury confirmed that the labour hire agreement conduct between 20 June 2019 and 27 June 2019 was related to the offence of managing a company while disqualified.
Third, the jury returned not guilty verdicts on three charges of managing companies while disqualified.
Finally, the court will proceed to sentencing on 4 September 2026 based on the offences found proven.
Illegal Phoenix Activity Was Part of the Case Background
In its 2019 banning announcement, ASIC mentioned signs of illegal phoenix activity in relation to the management conduct of the relevant companies. Illegal phoenix activity generally refers to a company transferring its business or assets, leaving debts behind and allowing the original company to enter liquidation, so that related persons or a new entity can continue operating while creditors, tax authorities or employee entitlements may be harmed.
It should be noted that the jury’s findings on 2 July 2026 focused on the offences heard in court, namely three counts of dishonestly using a director position and one count of managing a company while disqualified. Content relating to other allegations in earlier announcements should be assessed by reference to the final scope of the court’s convictions and sentencing outcome.
ASIC disclosed in 2019 that the relevant companies owed more than A$4.5 million in total debts.
ASIC disclosed in 2021 that the initial charges involved director duties, false or misleading statements and managing companies while disqualified.
On 2 July 2026, the jury returned guilty verdicts only on some of the charges.
On 4 September 2026, the court will sentence the offences found proven.
Case Still Awaits Sentencing Outcome
As of ASIC’s announcement on 7 July 2026, Ms Pellew had been convicted, but the penalty had not yet been determined. When sentencing on 4 September 2026, the court will exercise its discretion by considering the offences found proven, the nature of the conduct, the amount involved, the disqualification background, relevant legal provisions and other sentencing factors.
For corporate governance and insolvency regulation, the case shows that directors’ handling of assets in the context of deteriorating company finances, liquidation or restructuring may still be subject to criminal enforcement scrutiny. People disqualified from managing companies may also face legal risk if they participate in actual company decision-making, even if they are not formally registered as directors.
Questions Related to ASIC’s Conviction of the Former WA Director
Which offences was Joanne Jennifer Pellew found guilty of?
She was found guilty of three counts of dishonestly using her position as a director and one count of managing a company while disqualified. The jury also found her not guilty of three charges of managing companies while disqualified.
Which main companies were involved in the case?
The case involved Ochre Training Pty Ltd, Ochre Workforce Solutions Pty Ltd and Ochre People Pty Ltd. The relevant conduct related to labour hire operations, fund transfers and company management decisions.
When did the fund transfers involved in the case occur?
The jury found that, in May 2018, Ms Pellew made three transfers from Ochre Training Pty Ltd to Ochre Workforce Solutions Pty Ltd, totalling approximately A$739,655.
Why is managing a company while disqualified a problem?
Under company law, a disqualified person must not manage a company. If they continue to participate in conduct that affects company operations, contracts or major decisions, they may breach the legal restrictions on managing a company while disqualified.
What is the next step in the case?
The next court date is 4 September 2026, when the court will sentence the offences found proven.
