Paul A Pattison

Member’s name: Paul A Pattison
Date of Hearing: 25 November 2015
Division: Victoria
Tribunal: Appeals Tribunal

On 16 April 2015 the Disciplinary Tribunal found that Mr Paul A Pattison:

• breached Article 39(a)(ii)E of the Constitution in that he was insolvent by virtue of a sequestration order made by the Federal Court dated 17 December 2012 in Commonwealth Bank of Australia v Pattison [2012] FCA 1397
• breached Article 39(a)(ii)F of the Constitution in that he was the subject of adverse findings in respect of:
  • a decision by the Australian Financial Security Authority (AFSA) (formerly the Insolvency and Trustee Service Australia) dated 23 April 2012, that Mr Pattison should cease to be registered as a trustee in bankruptcy
  • a decision by the Australian Securities and Investments Commission (ASIC) on 21 January 2013 to disqualify Mr Pattison from managing corporations for a period of four years, reduced by the Administrative Appeals Tribunal on 20 June 2014 to a period of three years
  • a decision by ASIC dated 7 February 2013 to cancel the registrations of Mr Pattison as a registered liquidator and as an official liquidator.

Mr Pattison had been the director of several companies in the Pattison Group which acted mainly as bankruptcy and insolvency practitioners. The companies were placed into receivership and Mr Pattison was made bankrupt owing unsecured creditors in excess of $3.475 million.

Mr Pattison attended the Disciplinary Tribunal Hearing and admitted the Complaints.

Disciplinary Tribunal penalty and costs

The Disciplinary Tribunal found the Complaints sustained and imposed the following penalties:

• forfeiture of Membership for the later of 1 January 2018 or the period of his bankruptcy
• should Mr Pattison apply for readmission to Membership at the expiration of this period, his designation is to be reduced from FCPA to CPA status
• should Mr Pattison intend offering public accounting services, after the period of forfeiture has expired, he must first satisfactorily complete the Practice Management Program or its equivalent.

Mr Pattison was ordered to pay CPA Australia’s costs totalling $948.26 prior to any application for readmission to Membership.

Mr Pattison appealed the penalty imposed by the Disciplinary Tribunal.

On 25 November 2015 the Appeals Tribunal set aside the penalty of the Disciplinary Tribunal in part and imposed the following penalty:

• forfeiture of Membership for the later of 1 January 2018 or the period of his bankruptcy
• should Mr Pattison apply for readmission to Membership at the expiration of this period, his designation is to be reduced from FCPA to CPA status
• should Mr Pattison intend offering public accounting services, at the expiration of his bankruptcy, he must first satisfactorily complete the Practice Management Program or its equivalent and may enrol as a non Member.

Mr Pattison was ordered to pay CPA Australia’s costs of the appeal of $1002.51 and the costs of the Disciplinary Tribunal ($948.26) prior to any application for readmission to Membership.