Gould v Companies Auditors and Liquidators Disciplinary Board [2009] FCA 475

FEDERAL COURT OF AUSTRALIA

Gould v Companies Auditors and Liquidators Disciplinary Board [2009] FCA 475 ADMINISTRATIVE LAW – appeal from Administrative Appeals Tribunal (AAT) on questions of law and application under s 39B of Judiciary Act 1903 (Cth) for relief in respect of AAT's decision – AAT affirmed decision Companies Auditors and Liquidators Disciplinary Board (Board) suspending registration of applicant (G) as a liquidator for three months – Board had found that G had failed to carry out "adequately and properly" duties as liquidator and as administrator of certain companies, so that the power given by s 1292(2)(d) of Corporations Law (Law) and of Corporations Act 2001 (Cth) (Act) was enlivened – proceeding before Board and later before AAT had proceeded on Contentions as formulated by Australia Securities and Investments Commission (ASIC) – each of Board and AAT found some Contentions established and others not established –

(1) whether G had failed to satisfy a "professional standard" by failing to include a "cap" or "upper limit" in his remuneration submitted to creditors for approval at time of his appointment – status of guidance and statement of best practice issued by Insolvency Practitioners Association of Australia (IPAA) – whether those documents, standing alone and unsupported by expert evidence, established a professional standard in relevant sense –

(2) whether contravention of s 450E(2) established by G's writing on his Chartered Accountant's letterhead to creditors informing them of progress of administration under deed of company arrangement (DOCA) – letters referred to company "in administration" rather than "subject to deed of company arrangement" – whether the letters were "business letters" for purposes of s 88A(1)(c) of Law (and of Act) – whether letters were signed or issued by or on behalf of companies subject to DOCA –