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7 August 06 Benjamin Paul Whitehouse CA of Queensland
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Benjamin Paul Whitehouse CA of Queensland 
 
7 August 2006 
 
The Appeal Tribunal heard an appeal against the determinations and sanctions imposed by the Professional Conduct Tribunal on 12 April 2006. The Professional Conduct Tribunal had found a case established that Mr Whitehouse was liable to disciplinary action in accordance with: 
 
1. By-law 40(e), in that on 17 June 2005 in the Federal Court of Australia Justice Graham declared that he had contravened section 851 of the Corporations Law on 20 occasions and ordered that:

    (a) he comply with the terms of an enforceable undertaking; and 
     
    (b) he be restrained, either directly or indirectly, from providing financial product advice, dealing in a financial product or operating a registered scheme for a period of ten years.
2. By-law 40(j), in that the criticisms of his conduct by Justice Allsop in his Reasons for Judgment delivered on 7 December 2004 bring or are likely to bring, discredit on Mr Whitehouse, the Institute or the profession of accountancy. 
 
3. By-law 40(h), in that on 17 February 2005 he became a bankrupt. 
 
The decisions of the Appeal Tribunal were: 
 
1. to affirm the determination of the Professional Conduct Tribunal that allegations 1 and 3 had been established; 
 
2. to set aside the determination that allegation 2 had been established; 
 
3. to affirm the decision by the Professional Conduct Tribunal that Mr Whitehouse’s membership of the Institute be cancelled for a period of five years, and that it be a condition of his reinstatement to membership that the Institute be satisfied that he is a fit and proper person to be a member; 
 
4. to affirm the decision that Mr Whitehouse be required to pay $450 plus GST towards the costs of the disciplinary action and to order that he be required to pay $600 plus GST towards the costs of the appeal proceedings: 
 
5. to affirm that notification of the Tribunals’ decisions be given to appropriate professional bodies and regulatory authorities.