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Leon, Solicitor
Category: Australia Law
Satisfied Customers: 44187
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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In October 2014 I appointed an accountant to prepare, audit

Customer Question

In October 2014 I appointed an accountant to prepare, audit and lodge my SMSF return, u til today November 2015 this return has not been lodged, and we have now been fined by the tax department for late lodgement even though I was advised by the accountant that I would. It be fined as the fault lies with the auditor. The auditor had the prepared return in May 2915 to audit, but he believed that the return was not prepared correctly and was. It prepared to audit. This info was not advised to me, the accountant kept telling me that the auditor was going to do it, I have emails to prove this, finally in October the auditor advised that he had returned the docs back to the accountant and the accountant said the auditor had the return, long story short, the accountant has still not had audited or lodged, I have had to employ another accountant to prepare return, and the original accountant is now suing me for non payment of his account, why do I need to pay this if he had not completed his side of the contract.
Submitted: 1 year ago.
Category: Australia Law
Customer: replied 1 year ago.
He only finished the return in Late April after I continue u ally hounded him by email, I have copies of all of these emails he is. Is taking me to court and I need to know where I stand legally, there was never a written signed contract between us just an implied contract by email
Expert:  Leon replied 1 year ago.

Good Morning

My 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 advise but a guide to assist you.

The auditor has been negligent and you can sue him for the fine and other penalties. You have yo get another one to do the work and pay him so you are up to date.

You cross claim against him because he was negligent and the cross claim should be the penalties and interests and the costs above and beyond what he is charging you. He has failed and been negligent in his work.

You have to defend and cross claim against him.

I hope this makes sense and is of assistance. If there is nothing further

thank you for using my services.

If I have missed anything, or you have any further questions please let me know

If there is anything else in the future please do not hesitate to ask.

Please do not forget to leave positive feedback.



Customer: replied 1 year ago.
I already have a claim in for my paperwork back, which he will not give back until,I pay, we are going before a magistrate for this so therefore, he has now issued me with a summons for non payment, do I wait for the magistrate to rule,on my claim or do I start another claim against him for negligence and payment of my new accountant and the fines and legalities and stress, I am suffering cancer and do not need this added stress
Expert:  Leon replied 1 year ago.

Good Morning

I am not sure what your claim says but it should set out that you also claim the penalties and interest that you are charged by the ATO.

He has failed in his duty to you and as such breached the contract.

The work has not been done.

I am sorry but you have to fight him for his brach.

I hope this makes sense?

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