Bankruptcy ‘illegal’: candidate

Fraser Anning’s candidate for the seat of Bendigo says she has been “illegally declared bankrupt”.

Queensland senator Fraser Anning. Picture: AAP

Far right senator Fraser Anning’s candidate for the central Victorian seat of Bendigo says she has been “illegally and unlawfully declared bankrupt”, defending her decision to nominate in contravention of Section 44 of the Constitution.

Former Bendigo councillor and anti-mosque activist Julie Hoskin’s Australian Electoral Commission nomination form shows she has ticked the “yes” box in relation to the question, “Are you currently an undischarged bankrupt or insolvent?”.

Ms Hoskin’s answer raises questions about why the commission has allowed her to nominate, given it is illegal for undischarged bankrupts to do so under Section 44 of the Constitution.

A spokesman for the AEC told The Australian the commission “has no

legal power in this case to reject the nomination.”

An excerpt of Ms Hoskin’s form supplied to The Australian shows she has also provided an answer to the supplementary question,” If ‘yes’, please provide any relevant details.”

“I am not insolvent and should not be a declared bankrupt. This is an injustice and a wrongful decision,” Ms Hoskin has written.

“I have been illegally and unlawfully declared bankrupt.

“I have appealed the bankruptcy application and this is currently before the court.

“I strongly deny that I should be placed in to bankruptcy (sic).”

Australian Financial Security Authority and federal court documents indicate Ms Hoskin was declared bankrupt on September 20, 2018, owing $92,136 to her former solicitor, Robert Balzola, and other creditors including the City of Greater Bendigo and the Australian Taxation Office.

Her trustee, RSM Australia partner David Kerr, has confirmed that she remains an undischarged bankrupt, with an appeal due to be held in July.

Mr Balzola acted for Ms Hoskin and other anti-mosque campaigners in a long-running and ultimately unsuccessful legal bid to prevent Muslims from building Bendigo’s first mosque.

Ms Hoskin has failed to return repeated calls from The Australian, but Senator Anning said she had fully disclosed her situation.

“She marked ‘yes’. She didn’t try to hide anything,” Senator Anning said.

Ms Hoskin’s case is similar to that of former WA One Nation-turned-independent senator Rod Culleton, who is also an undischarged bankrupt, but claimed he was not on his nomination form.

On Wednesday the AEC issued a press release confirming it had referred Mr Culleton’s nomination form to the Australian Federal Police “to examine if a false declaration has been made”.

Senator Anning narrowly avoided bankruptcy in 2017 after creditors officially withdrew their petition against him over debts he owed a subsidiary of the Bendigo and Adelaide Bank as a result of a failed agribusiness scheme.

Labor’s Lisa Chesters holds the seat of Bendigo with a 3.9 per cent margin.