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Ask Leon Your Own Question

Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 42627
Experience:  18 years experience. Admitted in New South Wales and the UK.
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AUSTRALIAN LAWYER NEEDEDCan someone who is a declared

Customer Question

AUSTRALIAN LAWYER NEEDEDCan someone who is a declared publicly listed bankrupt in Oz a)work for a firm of oz accountants in Oz during the period of bankruptcy? B)list themselves as a “consultant" on headed paper of the accountancy firm c)sign letters as a consultant on behalf of other directors of said accountancy firm d)act on behalf of the accountancy firm in relation to on going client disputes with other 3rd parties.Is this illegal or simply a breach of a code?
Submitted: 9 months ago.
Category: Australia Law
Expert:  Leon replied 9 months ago.
Good MorningMy name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise Please understand this is not legal advice but a guide to assist you.It depends on the type of work. Being a bankrupt does not stop you working but there are certain jobs you cannot do Here is a list of the restrictions if you are a bankrupthttps://www.afsa.gov.au/debtors/bankruptcy/bankruptcy-overview/employment-restrictionsAccountants are on there but it depends on what they are actually doing. You should report them to AFSA and also the body that deals with them. I hope this makes sense and is of assistance.
Customer: replied 9 months ago.
I know accountants are on there. That's obvious. I asked a specific question which you've now answered.
Customer: replied 9 months ago.
Not answered. Please re read
Customer: replied 9 months ago.
I'm asking about the technicalities of what constitutes an infringement.
Expert:  Leon replied 9 months ago.
Good MorningIt all depends on what they are doing. There is no simple yes or no answer This is why you should report them and AFSA will then decide. They cannot give advise to people if they are a bankrupt and if they are and the other party is signing off on that then the party that is signing off is on breach too. No-one can give you a 100% correct answer. So if you have concerns report them and have them investigated.
Customer: replied 9 months ago.
what would be the punishment if i report them to the afsa and they are found in breach?
Expert:  Leon replied 9 months ago.
Good EveningThey can be fined and if it is a criminal matter sent to jail.

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