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Professional Conduct Tribunal - December 2007

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7 December 2007 
 
Robert John Edge FCA of Victoria
 
 
On his own admission the Tribunal found a case established that Mr Edge was liable to disciplinary action in accordance with:

  1. By-law 40(a), in that he failed to observe a proper standard of professional care, skill or competence in the course of carrying out his professional duties as liquidator, administrator or deed administrator of numerous companies, as set out in Schedule A to the Judgment of Justice Dodds-Streeton in the case of Australian Securities and Investments Commission v Edge handed down on 25 May 2007 in the Supreme Court of Victoria.
  2.  
     
  3. By-law 40(e), in that on 25 May 2007 in the Supreme Court of Victoria in the case of Australian Securities and Investment Commission v Edge, Justice Dodds-Streeton found that he:
  4.  
     
    (a) had not faithfully performed his duties as a liquidator; 
     
    (b) had managed the business, property or affairs of companies in voluntary administration or subject to a Deed of Company Arrangement, in a way that was prejudicial to the interests of some or all of their creditors or members, or had done acts or made omissions that were or would be prejudicial to such interests; 
     
    (c) had failed to observe requirements prescribed by the Corporations Act 2001 (“the Act”) and the Regulations thereunder; and 
     
    (d) is unfit to be an official or registered liquidator, 
     
    and that there are grounds for the cancellation by ASIC pursuant to S.1291(1) of the Act of his registration as an official liquidator for a period of not less than ten years. 
     
  5. By-law 40(e), in that on 3 July 2007 in the Supreme Court of Victoria Justice Dodds-Streeton ordered, inter alia:
  6.  
     
    (a) that he pay into Court the sum of $207,592.75; 
     
    (b) that he pay the sum of $224,088.29 to The Pines Stud Bloodstock Pty Ltd; 
     
    (c) that he be removed forthwith as liquidator of a number of companies; 
     
    (d) pursuant to section 536(1) of the Act that he be prohibited from holding the office of liquidator, provisional liquidator, voluntary administrator, administrator of a deed of company arrangement or controller, for a period of 10 years.  
     
  7. By-law 40(j), in that his acts, omissions or defaults which led to the findings and orders by Justice Dodds-Streeton in the case of Australian Securities and Investments Commission v Edge bring, or are likely to bring discredit on Mr Edge, the Institute or the profession of accountancy.
The decision of the Tribunal was that Mr Edge be excluded from membership of the Institute and that he be required to pay $800 plus GST towards the costs of the disciplinary action. The Tribunal also ordered that notification of its decision be given to nominated professional bodies and regulatory authorities.