An Bui

Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision

An Bui, a sole practitioner, was found guilty of professional misconduct on two charges: failing to honour an undertaking given to the QLS to provide monthly reports on an ATO repayment plan, and failing to respond to a s 443 notice from the LSC. The undertaking, given in June 2015, remained unfulfilled some three and a half years later. The Tribunal (Daubney J, President) emphasised the fundamental importance of practitioner undertakings and cooperation with regulators. No dishonesty was expressly found. Given the seriousness and Bui's lack of insight and fitness, his practising certificate was cancelled immediately, a $2,500 penalty was imposed for the s 443 breach, and costs were ordered against him.

Duties found breached:

• No baseless or threatened misconduct report
• Honour professional undertakings

Aggravating factors:

• Ongoing breach of the undertaking for nearly three and a half years, continuing to the date of hearing
• Failure to respond to the s 443 notice at all, even by the hearing date
• Serial non-compliance with directions of the Tribunal
• Profound lack of insight into the nature and seriousness of undertakings
• Found by QLS not to be a fit and proper person to hold an unrestricted practising certificate; apparent breach of special conditions on restricted certificate
• Failed both the ethics course and trust accounting course

Mitigating factors:

• Attempted some re-education at QLS urging (enrolled in ethics and trust accounting courses)
• Eventually provided a copy of the ATO repayment plan and associated documents on 31 March 2016
• Did not oppose costs order