Russell Albert Allen
Appeal Tribunal - 16 October 2013
The Appeal Tribunal heard an appeal against the sanctions imposed by the Professional Conduct Tribunal on 31 October 2012. The Professional Conduct Tribunal had found a case established that Allen was liable to disciplinary action in accordance with By-law 40(e) on his own admission, in that on 19 February 2009 Justice Whelan of the Supreme Court of Victoria in Sali and Anor v Metzke & Allen  VSC 48 made adverse findings in relation to Allen’s professional and/or business conduct and/or competence which were subsequently affirmed on 15 October 2010 by the Court of Appeal of the Supreme Court of Victoria in Metzke and Anor v Sali and Anor  VSCA 267.
The Professional Conduct Tribunal decided that:
- Allen be reprimanded
- Allen be required to pay $1,900 plus GST towards the costs of the disciplinary action
- notification of the Tribunal’s decisions be given to the Tax Practitioners Board and the Tax Institute
- the Tribunal had regard to Allen’s admission of the allegation and the positive comments made in the judgment as to his credibility as a witness and the nature of the findings relating to negligence and contributory negligence.
The decisions of the Appeal Tribunal were:
to affirm the
- sanctions imposed by the Professional Conduct Tribunal, and
- that Allen be required to pay $2,400 plus GST towards the costs incurred by the Institute in hearing the appeal.
Article last updated 6 November 2013