Grant M McCarthy

Member’s name: Grant M McCarthy CPA
Date of Hearing:28 June 2018
Division: Queensland
Tribunal: Disciplinary Tribunal

On 28 June 2018 the Disciplinary Tribunal found Mr Grant M McCarthy breached:

Volume 1:

• Article 39(a)(ii)F of the Constitution in that he was the subject of an adverse finding that had not been overturned on appeal in respect of a Decision by the Tax Practitioners Board (TPB) dated 1 August 2017 for outstanding tax liabilities. The TPB imposed a written caution and an order.
• Article 39(a)(ii)A of the Constitution in that he breached By-Law 5.2(b)(ii) in failing to provide information to Professional Conduct in respect of a Complaint made about him.

Volume 2:

• Article 39(a)(ii)B.2) of the Constitution in that he was guilty of conduct not in the best interests of the Company or its Members in withholding a client’s tax refund in lieu of unpaid fees in breach of paragraph 9.2 of APES 220.

Mr McCarthy attended the Disciplinary Tribunal Hearing and denied certain of the Complaints.

Penalty and costs

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

Volume 1:

• In relation to the TPB adverse finding, Mr McCarthy must submit proof to the satisfaction of the General Manager Professional Conduct of having:
  • met all the requirements of the TPB
  • completed a quality review by 30 June 2019.
• A failure by Mr McCarthy to meet the above conditions by the dates prescribed, to result in forfeiture of his membership.

In the event of forfeiture of his membership, conditions of readmission are that Mr McCarthy:

• first successfully completes a compliant quality review at his own expense as a non member
• provides proof to the satisfaction of the General Manager Professional Conduct that his tax obligations are up to date.
• In relation to his failure to respond to Professional Conduct a severe reprimand.

Volume 2:

• In relation to Mr McCarthy withholding a client’s tax refund in lieu of unpaid fees a severe reprimand.

To Mr McCarthy’s benefit, when advised of the breach he immediately forwarded the full amount of the tax refund to his ex-client.

Mr McCarthy was ordered to pay CPA Australia’s costs for both matters totalling $1,165.02.