Member’s name: Mr Denis P Cummins
Date of Hearing: 17 May 2012
Division: New South Wales
Tribunal: Disciplinary Tribunal
On 17 May 2012 the Disciplinary Tribunal found Mr Denis P Cummins breached:
- Article 39(a)(ii)E of the Constitution in that on 18 November 2011 he had declared himself bankrupt.
- Article 39(a)(ii)F of the Constitution in that he was "the subject of an adverse finding that has not been overturned on appeal in relation to the Member's conduct, competence or recognition by any Court, professional body, statutory or other regulatory authority... “ in relation to a decision of the Supreme Court of New South Wales handed down on 3 August 2011 that Mr Cummins had breached his ethical obligation of confidence to his former employer in soliciting former clients to his new practice.
At the Disciplinary Tribunal Hearing Mr Cummins admitted the breaches.
The Disciplinary Tribunal noted that continued membership of CPA Australia is inconsistent with a member being
bankrupt, at least for the period of bankruptcy
Penalty and Costs
The Disciplinary Tribunal imposed the following sanction and costs:
- in relation to the bankruptcy, forfeiture of Membership for the later of 19 November 2014 or the period of Mr Cummins’ bankruptcy
- in relation to the adverse finding, forfeiture of Membership for 12 months to be served concurrently with that of the bankruptcy
- that within 30 days of the date of the Tribunal Hearing Mr Cummins remove all CPA signage and logos and return all certificates and licences.
The Tribunal also determined that prior to any application for readmission Mr Cummins must:
- successfully complete the Public Practice Program as a non Member, and
- pay CPA Australia's costs of $673.