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Former tax agent fails to overturn TPB termination after 6-year litigation

Former tax agent Rudy Frugtniet has failed in his bid to overturn the Tax Practitioners Board (TPB) termination of his registration in the Federal Court of Australia, after six years of litigation.

Former tax agent fails to overturn TPB termination after 6-year litigation
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  • Maja Garaca Djurdjevic
  • November 15, 2019
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The TPB terminated Mr Frugtniet’s registration in January 2013 and precluded him from applying for registration for five years on the basis that he was no longer fit and proper.

This decision was based on Mr Frugtniet’s lengthy history of misconduct, having been disqualified from legal practice, making false statements to a court and client, and failing to disclose such matters when he applied for registration as a tax agent.

Mr Frugtniet has pursued legal action against the TPB since that time, with two Administrative Appeal Tribunal (AAT) reviews and three Federal Court appeals that finally culminated in this Full Federal Court decision.

“This is a welcome outcome given Mr Frugtniet’s dishonest conduct,” TPB chair Ian Klug, AM, said.

“Millions of Australians are clients of tax practitioners, and we are working to support the public by regulating practitioners to ensure they are providing services competently, and with honesty and integrity,” he said.

Recognising that the litigation is an expensive and lengthy process, Mr Klug reiterated that the TPB is committed to taking appropriate action to ensure just outcomes and to deter poor conduct.

“We are aiming to level the playing field for honest and ethical tax practitioners, and want to see Australians benefit from better public services, a stronger economy and a better business environment,” he said.

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