Concerns regarding validity of appointment and admissability of claim

The IPA received a complaint against a member detailing, inter alia, concerns regarding the validity of his appointment and the admissibility of legal fees the subject of a judgement debt.

Having investigated the circumstances of this matter the IPA determined that the member had taken appropriate steps to ensure that his actions were appropriate on the basis that he had:

  • undertaken an investigation of the composition of the committee that made the appointment to the incorporated entity once the complainant's concerns became known to him and was satisfied of the validity of his appointment; and
  • obtained independent legal advice in relation to the admissibility of the claim for legal fees.
Despite the processes undertaken by the member, it was apparent that the complainant continued to disagree with the decisions reached in the matter, and the validity of the facts on which the decisions were based and it would appear that the matters in question may require judicial consideration in order to be resolved.