media release (20-208MR)

AAT sets aside disqualification of SMSF auditor

Published

On 5 August 2020, the Administrative Appeals Tribunal (AAT) set aside ASIC’s decision to disqualify Mr John Gilliland from being an approved self-managed superannuation fund (SMSF) auditor.

Mr Gilliland’s registration as an approved SMSF auditor has been reinstated.

On 1 September 2020, ASIC filed  an application to appeal the AAT decision to the Federal Court of Australia.

Background

On 15 August 2018, ASIC made an order disqualifying Mr Gilliland from being an approved SMSF auditor for breaching auditor independence requirements.

In September 2018, Mr Gilliland applied to ASIC for the decision to be reconsidered. ASIC reaffirmed the disqualification decision.

On 15 October 2018, Mr Gilliland applied to the AAT for review of the decision.

Further background information can be found in ASIC media release 18-327MR ASIC disqualifies two separate Queensland SMSF auditors.

Editor's note:

On 30 November 2022, the Federal Court upheld ASIC’s appeal of the AAT’s decision setting aside ASIC’s original disqualification. The matter has now been remitted to the AAT for reconsideration and Mr Gilliland is again disqualified as an SMSF auditor, pending a final decision by the AAT (22-337MR).

Media enquiries: Contact ASIC Media Unit