James W Hall

Member’s name: Mr James W Hall
Date of Hearing: 14 May 2013
Division: Victoria
Tribunal: Disciplinary Tribunal

On 14 May 2013 the Disciplinary Tribunal found Mr James W Hall breached Article 39(a)(ii)F of the Constitution in relation to Judgements handed down by the Federal Court of Australia in ASIC v Healey & Ors [2011] FCA 717 and ASIC v Healey (No 2) [2011] FCA 1002.

The Federal Court found Mr Hall had contravened sections 344(1), 180(1) and 601FD(3) of the Corporations Act 2001 in relation to his conduct in respect of the Centro Group of companies in 2007.

Despite the findings of contravention, the Federal Court imposed no penalty against Mr Hall.

Mr Hall attended the Disciplinary Tribunal Hearing and denied the complaint.

The Disciplinary Tribunal found the complaint sustained.

Penalty and Costs

The Disciplinary Tribunal imposed the penalty of an admonishment on the provision that within 30 days, Mr Hall resign his Membership of CPA Australia.

In arriving at that penalty the Disciplinary Tribunal, whilst noting the complaint was serious, took into account:

• that the Federal Court imposed no penalty against Mr Hall
• the new management of Centro had retained the services of Mr Hall for a number of years after 2007 to utilise his expertise in the Groups subsequent restructure.

Mr Hall was ordered by the Disciplinary Tribunal to pay costs of $893.