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Appeal Tribunal - November 2008

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13 November 2008 
 
John Bines Rundle CA of Victoria
 
 
The Appeal Tribunal heard an appeal against the determinations and sanctions imposed by the Professional Conduct Tribunal on 10 April 2008. The Professional Conduct Tribunal had found a case established that Mr Rundle was liable to disciplinary action in accordance with:

  1. By-law 40(a), in that by not completing engagements for various clients and not responding to correspondence, telephone calls and messages from the clients or their representatives he had failed to observe a proper standard of professional care skill or competence in the course of carrying out his professional duties.
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  3. By-law 40(g), in that he failed to respond to letters from the Professional Conduct Consultant dated 13 September and 15 December 2007 in relation to a complaint by a client or to letters dated 23 October and 5 December 2007 in relation to a complaint by another client.
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  5. By-law 40(j), in that as a member in public practice his actions in closing your office without notifying clients or providing them with alternative means of contacting him, brings or is likely to bring discredit on Mr Rundle, the Institute or the profession of accountancy
The decisions of the Appeal Tribunal were:
  1. to confirm the decisions of the Professional Conduct Tribunal that the allegations contained in the Notice of Disciplinary Action had been established and that he be severely reprimanded.
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  3. to vary the decision that Mr Rundle’s certificate of public practice be cancelled to an order that unless a satisfactory quality review of his practice, the result of which requires no further review, is completed by 31 March 2009, his certificate of public practice will be cancelled as from that date.
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  5. to confirm the decision of the Professional Conduct Tribunal that Mr Rundle be required to pay $800 plus GST towards the costs of the disciplinary action.
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  7. to vary the decision of the Professional Conduct Tribunal that notification of the Tribunal’s decisions be given to a specified regulatory authority to a decision that notification be given in the event that Mr Rundle’s certificate of public practice is cancelled.
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  9. that Mr Rundle not be required to pay any further amount towards the costs incurred by the Institute in hearing the appeal.