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ARTICLE · 24 MAY 2019

SMSF auditors found liable for failed investments

These cases highlight the potential liability of SMSF auditors and the need for evidence to support opinions expressed.

AustraliaFinance and Banking

Two recent cases involving SMSF auditors highlight the potential liability of auditors in undertaking audits of SMSFs and the need for auditors to obtain evidence to support the opinions expressed.

In Cam & Bear Pty Ltd v McGoldrick [2018] NSWCA 110, the NSW Court of Appeal found the SMSF Auditor negligent for failing to provide adequate warnings to the SMSF Trustee as to the recoverability of assets which were described as "cash". The Court considered that these assets were actually unsecured loans to a company related to the SMSF's investment advisor and that the auditor had an obligation to investigate the recoverability of the "cash". The auditor was also required to provide a qualified opinion given that he was a "very experienced accountant and auditor who was engaged for the purpose of protecting the Fund and its trustee against financial risks".

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