Brad Phelan

Member’s name: Brad Phelan
Date of Hearing: 3 September 2026
Division: Victoria
Tribunal: Disciplinary

On 3 September 2026 the Disciplinary Tribunal found Mr Brad Phelan breached Article 36(a) of CPA Australia’s 11 May 2022 Constitution (the Constitution) in that he had “committed, participated in or been involved with an Adverse Event” as defined in:

Complaint 1
Article 76(l) of the Constitution as having been “Closely Associated with a Practice Entity: (i) which has become Insolvent: (A) at the time when it became Insolvent; or (B) at any time during the two years prior to it becoming Insolvent” in relation to Medcraft Cooper & Associates Pty Ltd ACN 671 442 032 being insolvent.

Background
On 3 February 2026, Simon Patrick Nelson of BPS Reconstruction & Recovery was appointed voluntary administrator of Medcraft Cooper & Associates Pty Ltd ACN 671 442 032 (MCA).  Mr Nelson’s appointment was confirmed by creditors on 12 February 2026.  On 11 March 2026, Mr Nelson was appointed liquidator of MCA at a meeting of creditors.  At the time of Mr Nelson’s appointments as administrator and liquidator, Mr Phelan was a director of MCA.  Mr Phelan was Closely Associated with the Practice Entity as he was a director, and an officer.

Decision
Mr Phelan attended the Disciplinary Tribunal hearing and admitted the Complaint.  The Disciplinary Tribunal found the Complaint sustained on Mr Phelan’s admission. 

Penalty and Costs
The Disciplinary Tribunal found that Mr Phelan was closely associated with MCA when it became insolvent and noted the Administrator's concerns that it may have traded while insolvent for a period before the Administrator was appointed.

The Tribunal accepted that the member faced difficult circumstances and that the conduct of others may have contributed significantly to the events in question. Those matters were relevant to context and mitigation but did not relieve the member of his professional obligations. 

The Tribunal considered Mr Phelan’s cooperation with the investigation and provision of a detailed report outlining the circumstances that led to MCA entering voluntary administration and subsequent liquidation. However, it also noted that Mr Phelan did not disclose to CPA Australia the appointment of MCA's administrator or liquidator at the time those appointments were made. 

The Disciplinary Tribunal imposed the following penalties:

Complaint 1:

• Forfeiture of membership; not eligible for readmission for two years and then upon satisfaction of readmission conditions applicable at that time

The forfeiture of membership to be served concurrently with the forfeiture imposed in Volume 1, Complaint 1.

Costs
The Member was ordered to pay CPA Australia’s costs of $9,567.00.