Former CEO and director of FAL Healthy Beverages Pty Ltd, Tim Xenos, of Peakhurst, NSW, has been resentenced following his successful appeal against one aspect of his conviction.

Mr Xenos has now been convicted and sentenced for making business decisions while disqualified and for failing to fully and truly disclose information to his bankruptcy trustee.

On 5 August 2026 Mr Xenos was resentenced to six months imprisonment to be served by way of intensive corrections order with an additional condition to perform 80 hours of community service work.

In giving sentence his Honour found that the offences committed were serious examples of those type of offences and that imprisonment was the only appropriate sentence.

On 24 April 2026, the District Court allowed Mr Xenos’ appeal against his conviction of dishonestly using his position with the intention of gaining an advantage for himself, resulting in an acquittal of that charge.

Following the appeal, a resentencing hearing in relation to the remaining offences was held on 26 June 2026 and adjourned to 5 August 2026 for judgment.

The matter and appeal are being prosecuted by the Office of the Director of Public Prosecutions (Cth) (CDPP) following an investigation and referral from ASIC.

Background

On 27 February 2025, in the Local Court of NSW, Mr Xenos was found guilty of breaching:

• Section 206A(1)(a) of the Corporations Act by making business decisions while disqualified from managing a corporation,
• Section 184(2) of the Corporations Act, and
• Section 265(1)(ca) of the Bankruptcy Act 1966 (Cth) (the Bankruptcy Act) for failing to fully and truly disclose information to his bankruptcy trustee (25-038MR).

On 9 May 2025, Mr Xenos was sentenced and received an aggregate sentence of 18 months’ imprisonment for the three guilty findings to be served by way of an intensive correction order. The Court imposed an additional condition on the intensive correction order that Mr Xenos complete 200 hours of community service work (25-072MR).

Mr Xenos lodged an all-grounds appeal which was heard on 25 March 2026 in the District Court of NSW, with judgment delivered on 24 April 2026 (26-146MR).