Member’s name: Mr Robert C Atherley
Date of Hearing: 1 March 2012
Division: Western Australia
Tribunal: Disciplinary Tribunal
On 1 March 2012 the Disciplinary Tribunal found Mr Robert Atherley had breached:
- Article 39(a)(ii)E of the Constitution in that he was insolvent.
- 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...".
The adverse finding was in respect of a decision of the Supreme Court of Western Australia concerning Mr Atheley’s discharge of his role as an executor of a deceased estate and the fees he charged while doing so.
At the Hearing Mr Atherley admitted the breaches.
Penalties and costs
The Disciplinary Tribunal imposed the following penalties:
- Forfeiture of Membership
- Not eligible for readmission for 10 years and should Mr Atherley make application for readmission at the expiration of the ten year period it is a condition of readmission that:
- after the ten year period but not more than six months prior to readmission he first successfully completes the Ethics & Governance segment of the CPA Program (or its equivalent at that time) and such other segment as the Readmissions Committee deems appropriate,
- after the ten year period but not more than six months prior to readmission, if Mr Atherley is offering Public Accounting Services, he first successfully completes the Public Practice Program or its equivalent, and
- all outstanding costs due to CPA Australia have been paid.
In addition Mr Atherley was required to pay costs of $649.