Scott R Andrews

Member’s name: Mr Scott R Andrews
Date of Hearing: 6 November 2014
Division: Queensland
Tribunal: Disciplinary Tribunal

On 6 November the Disciplinary Tribunal determined that Mr Scott R Andrews had breached Article 39(a)(ii)F of the Constitution in that he was the subject of an adverse finding following a judgment by the Federal Court of Australia in ACCC v Taxsmart Group & Ors. [2014] FCA 487.

The Federal Court found Mr Andrews and Taxsmart had engaged in misleading and deceptive conduct in breach of section 18 of the ACL in making representations in advertisements regarding a graduate program and related ‘Taxsmart’ franchises. Mr Andrews and Taxsmart were ordered to repay $260,400 in franchise fees to five former franchisees.

Mr Andrews attended the Disciplinary Tribunal Hearing and admitted the Complaint.

Penalty and costs 

The Disciplinary Tribunal found the Complaint sustained and imposed the following penalty:

• forfeiture of Membership
• that Mr Andrews not be eligible for readmission to Membership until 6 November 2018
• within 12 months prior to any application for readmission, Mr Andrews must successfully complete the Ethics and Governance module of the CPA Program (or its equivalent)
• by 17 December 2014 all CPA Australia logos and designations must be removed from all advertising, websites where such intellectual property is being used improperly.

Mr Andrews was ordered to pay costs of $689.72.