Regulators were warned twice about an NDIS-linked operator now embroiled in liquidations, litigation and claims of missing money, with Home Affairs refusing to say what it did the first time it was made aware of the situation, and ASIC declining to act on the second warning.
Home Affairs received an anonymous tip-off in March 2021 alleging financial misconduct by Lenard Swanepoel-Trollip and later referred the information to the Administrative Review Tribunal, an independent federal body that reviews government decisions.
That referral was made during the application process for permanent Australian visas initiated by Lenard, 44, in May 2019 on behalf of himself and his husband Christiaan Swanepoel-Trollip, 58.
The tribunal’s published decision in September 2023 stated the “anonymous on-line tip off” alleged Lenard had been involved in the “wrongful appropriation of funds” in South Africa connected to a real estate business, before the pair settled in Australia in 2017.
Lenard was invited to respond, but did not contest the allegation during the proceedings. As the information did not form part of the reasons for the decision, the tribunal did not place any weight upon it.
Tribunal member Penelope Hunter affirmed a previous decision to reject the visas and did not make findings on the misconduct allegation, the decision states.
Lenard, on behalf of the couple, has rejected any allegation of wrongdoing, fund misappropriation, phoenixing allegations or improper conduct.
“The decision you reference contains no adverse finding against me whatsoever,” he told this masthead.
“The anonymous allegation referred to in that decision was expressly disregarded by the Tribunal, placed no weight upon, and formed no part of the reasons for the outcome.”
The allegation echoes findings from a liquidator’s report into the collapse of the pair’s South African business, Beyers Realty Group, in 2016, which identified the alleged movement of client trust money into other bank accounts.
Lenard had said it was an innocent mistake, stating in an affidavit: “I accept I made a mistake in my conduct utilising the trust account funds to support the growth of the business.”
Further, internal emails seen by this masthead, separate to the tribunal proceedings, show corporate watchdog ASIC was notified of the pair’s bankruptcies as early as August 2022, but chose not to act, explaining the department was limited in the “formal” investigations it could undertake.
This masthead revealed in January that both men were declared bankrupt in South Africa, a status that prevents them from operating companies in Australia. Since moving to Australia, the couple have been connected to two business collapses in Perth.
An ASIC spokesperson told this masthead it was “aware of and assessing reports that Lenard and Christiaan Swanepoel-Trollip, who are currently listed as directors of companies in Australia, may be automatically disqualified from managing companies due to bankruptcy orders made in South Africa”.
There are no recorded court outcomes, convictions or adverse findings of credit against the pair.
Home Affairs and the NDIS Quality and Safeguards Commission both declined to comment.
Despite the couple’s bankruptcy, corporate records show Lenard has since created two new companies in Australia – Ubuntu Support Services on February 27 and Kinnex Pty Ltd on March 6 – where he is listed as director and secretary.
An Instagram account and website created for Ubuntu Support Services claims the company offers daily living support for vulnerable people, including help with showering, dressing and grooming, household tasks like cleaning and laundry, meal preparation as well as art classes.
Despite the company only starting last month, the website has five five-star reviews listed, including one listed two months ago, which says: “I’ve been attending the Ubuntu Hub for three months now and it’s changed my life … Best decision I ever made.”
Meanwhile, in a hearing on March 19, the Supreme Court of Western Australia was told through Lenard’s lawyer that he wanted to liquidate a further business, NDIS-funded disability provider Bila Counselling and Support Services.
The hearing was in relation to proceedings brought by Lenard in December against his sister Jennifer McAlpine, who is also a Bila shareholder, alleging misuse of client information.
McAlpine’s lawyer Darren Pratt told the court no steps had been taken by Lenard for more than six weeks and his client wanted the case to be dismissed and to receive costs.
However, Lenard’s lawyer Mark Williams told the court his client would pursue an application to wind up the organisation on “just and equitable” grounds, and the future liquidator could continue the legal proceedings against McAlpine.
Supreme Court Justice Matthew Howard accepted the case had been “irregularly commenced”, as Lenard Swanepoel-Trollip could not act as a director of the company and therefore cannot sue on behalf of it.
Howard told the court mediation was unable to proceed and vacated injunctions imposed on McAlpine in December, but adjourned the case for further applications on cost orders and dismissal.
At the same time, entities linked to the network have collapsed with mounting debts.
Bila Foundation Ltd, a charity Lenard has been a director of since September 16, 2023, according to a business search, entered voluntary liquidation on February 18, with Gregory Quinn appointed liquidator. Lenard’s sister and mother – Jennifer McAlpine and Magreitha Trollip – are also listed as directors.
ASIC documents show the corporation owes at least $245,500, including $141,000 to employees.
Another related business, Bila Support Services, entered liquidation in December last year. At the time of the collapse, the company was operated by Lenard’s sister, McAlpine.
ASIC records also show an application was made to deregister Christiaan’s company Stemineer Pty Ltd in February.
Meanwhile, staff working at a care home in Gosnells that provides round-the-clock care to clients, in Perth’s south-east, run by Lenard’s Bila Counselling and Support Services allege they were left unpaid and without management oversight during an internal dispute between Lenard and his sister McAlpine.
One staff member has successfully launched proceedings in the Industrial Magistrates Court against the company, with others preparing similar claims.
A staff member who alleged they were unpaid for a month last year told this masthead they did not understand how Bila Counselling and Support Services was still operating.
“We weren’t delivering the top care we should have been. I don’t know how they’re still operating,” the former staffer said.
Financial issues across the network date back to at least 2022, when Lenard’s business Sunshine Counselling entered creditors’ voluntary liquidation, with a liquidator report alleging the company had no assets and owed an estimated $238,000 to creditors, including $85,000 in employee entitlements and $120,000 to the tax office.
Lenard has strongly rejected any allegations of wrongdoing on behalf of himself and Christiaan.
“I categorically deny any wrongdoing, including any allegation of fund misappropriation or phoenixing. These allegations are false,” he said.
“I am in the process of obtaining comprehensive legal advice across all relevant jurisdictions.
“All other matters referenced are either subject to ongoing legal proceedings or have been addressed in full in my previous correspondence, which remains on record.”
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Carla Hildebrandt is a journalist with WAtoday. She previously worked on ABC’s Four Corners and as a court reporter at The Daily Telegraph in Sydney. For secure contact: carlahildebrandt@proton.me.Connect via email.
