If you are a registered company auditor and have been served with an Application under s1292 of the Corporations Act, you need to attend to the Application and you should seek legal advice promptly.
CADB is an independent expert disciplinary tribunal which is tasked with hearing and determining Applications to sanction registered company auditors under s1292. CADB is required to deal with Applications expeditiously.
An Application to CADB is a serious matter which may result in significant consequences for you, including orders that your registration be cancelled or suspended or that other sanctions be imposed upon you, and that the costs of proceedings before CADB be paid by you.
If you have been served with an Application, you should also have been served with a Notice to Parties (PN1 Annexure D). The Notice to Parties will have informed you that:
- The Application has been lodged with CADB;
- Certain orders are sought against you;
- CADB is required to give you an opportunity to appear at a hearing, to make submissions and adduce evidence in relation to the Application before making any orders against you;
- If you intend to appear at the hearing, you are required to file with CADB and serve on the Applicant a Concise Response and Notice of Appearance within a certain time; and
- The Chairperson has convened a Pre-hearing conference with you and the Applicant to discuss the matter and progress preparation for the Hearing.
Accordingly, if you have been served with an Application and intend to appear at the hearing, you should attend to the preparation of your Appearance and Concise Response as soon as possible.
- The CADB form for an Appearance and Concise Response can be found in PN1 Annexure E.
- A guide to preparing a Concise Response can be found in PN1 Annexure F.
- The CADB procedural rules concerning Appearances and Concise Responses are set out in Sections 6 and 7 of PN1.
The legislation dealing with CADB’s jurisdiction includes Part 9.2 Div 3 of the Corporations Act and Part 11 of the ASIC Act. CADB Procedural rules and guidance can be found at Procedural Rules.
If you have any questions about an Application or Board procedures, please contact the CADB Principal Registrar at [email protected] or (02) 9911 2970.
Please note that CADB does not provide legal advice, either through this website, via the Registrar or otherwise. Respondents must seek and rely upon their own legal advice to deal with any Application served upon them and how the law may apply to their circumstances.
Related information
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Overview of CADB process
Information about the types of applications which may be brought to the Board and how they are dealt with
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Hearings
How hearings are conducted at the Board