Former AFL Star and Wife Face Criminal Prosecution Over Liquidator Non-Cooperation
In a significant development for corporate regulation in Western Australia, former West Coast Eagles footballer Andrew Donnelly and his wife Natasha Marshall Donnelly are now facing criminal prosecution by Australia's corporate watchdog. The high-profile couple from Perth's western suburbs are scheduled to appear in court next month on serious charges related to their handling of multiple company liquidations.
Multiple Company Collapses Under Investigation
The Australian Securities and Investments Commission (ASIC) has brought charges against the Donnellys following repeated complaints from liquidators about their lack of cooperation. Over the past three years, a dozen companies under the couple's control have collapsed, leaving unsecured creditors - primarily customers and suppliers - owed an estimated more than $14.2 million.
Andrew Donnelly faces two specific charges: failing to assist a liquidator and failing to deliver company books as required by law. His wife, Natasha Marshall Donnelly - daughter of football legend Denis Marshall - has been charged with failing to deliver books to a liquidator. These charges stem from their alleged non-compliance with the Corporations Act, which mandates that directors must provide all financial records and reports to appointed liquidators promptly.
Pattern of Non-Cooperation Emerges
Liquidators investigating the Donnellys' business affairs have consistently reported difficulties obtaining cooperation. John Bumbak of KordaMentha, liquidator for Profounder Asphalt and Bitumen (trading as All About Bitumen And Asphalt), reported that his investigations had been "impacted by the failure of parties who hold company books and records to provide them to me" despite multiple requests.
Mr Bumbak's report also noted concerning financial transactions, including substantial payments made by the company to another Donnelly-owned business that required further investigation. The liquidator confirmed that Andrew Donnelly was involved in the company's affairs, though Natasha Marshall Donnelly served as sole director when the company was wound up in 2024 following court action by the Commissioner of State Revenue.
Recent Liquidator Reports Highlight Ongoing Issues
In the past month alone, two additional reports concerning insolvent companies linked to the Donnellys have been submitted to ASIC. Stephen Michell, liquidator of bathroom renovation company Smart Style Group, reported that the company owed more than $500,000 to the Australian Taxation Office, which petitioned for its winding up.
Mr Michell stated: "To date, all attempts to contact the director and former director to obtain information regarding the company's financial affairs have been unsuccessful." He further revealed that the company ceased operations shortly before liquidation, with some employees, customers, and work transferred to another entity. His investigation into potential phoenix activity - where a company's business is transferred to avoid debts - remains ongoing.
Jason Tang, liquidator of Profounder Rewards, reported last month that his investigations "have been hindered by the director's non-compliance" while identifying several transactions totalling $264,673 requiring further explanation. Mr Tang cited multiple potential breaches of the Corporations Act in his findings.
Additional Legal Proceedings and Asset Investigations
The Donnellys' legal troubles extend beyond the ASIC prosecution. Andrew Donnelly is also due to appear at Joondalup Courthouse on February 6 in a separate criminal prosecution brought by WorkCover. The workers' compensation regulator has charged him with failing to provide documents, records, interviews, and assistance to a WorkCover inspector as directed.
In another development, liquidator Daniel Bredenkamp of Profounder C&H Mining has requested that Natasha Marshall Donnelly provide a statutory declaration detailing her personal assets and liabilities. This request aims to determine whether pursuing an insolvent trading claim against her would be commercially feasible. As of last Friday, she had not responded to this request.
Mr Bredenkamp's report to creditors also revealed he is attempting to locate six motor vehicles and equipment including forklifts and cranes registered to the company, but has been hindered by Ms Marshall Donnelly's non-cooperation. The couple's Cottesloe home is currently mortgaged and has a caveat placed by Sydney-based lender ARC Capital Group.
Court Appearances Scheduled
The Donnellys are scheduled to make their first court appearance regarding the ASIC charges at Perth Magistrates Court on February 6. This case represents one of the more significant corporate prosecutions in Western Australia recently, involving high-profile individuals and substantial creditor losses across multiple company collapses.
The proceedings will test the enforcement powers of Australia's corporate regulator and highlight the legal obligations of company directors during liquidation processes. With creditors owed millions and multiple liquidators reporting similar patterns of non-cooperation, the case has drawn significant attention from both corporate and sporting communities in Western Australia.
