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 [2009] 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 [2010] VSCA 267.

The Professional Conduct Tribunal decided that:

  1. Allen be reprimanded
  2. Allen be required to pay $1,900 plus GST towards the costs of the disciplinary action
  3. notification of the Tribunal’s decisions be given to the Tax Practitioners Board and the Tax Institute
  4. 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

  1. sanctions imposed by the Professional Conduct Tribunal, and
  2. 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