Regulatory Alerts2025-11-26
Banned SMSF Auditor Kristian Convery charged with continuing to act while disqualified
ASIC has referred charges against Kristian Convery to the Commonwealth Director of Public Prosecutions after he continued acting as an SMSF auditor despite being permanently disqualified in May 2024. The allegations include acting as an auditor for four tax agents and 56 entities between June 2024 and January 2025, as well as creating false documents to obtain a gain. The matter is currently before the Melbourne Magistrates Court, with the latest committal mention scheduled for June 2026.
Kristian John Convery of Melbourne has been charged with acting as an SMSF Auditor for four tax agents and 56 entities while being disqualified under the Superannuation Industry (Supervision) Act (SIS Act) following an ASIC investigation.
Mr Convery was disqualified on a permanent basis by ASIC effective from 15 May 2024.
ASIC alleges that between June 2024 and January 2025 Mr Convery continued to act as an SMSF auditor despite knowing that he was disqualified.
Further, ASIC alleges that between July 2024 and January 2025, Mr Convery created a series of false documents, namely a letter and 47 SMSF Audit reports, for the purposes of them being accepted as genuine by other parties or for obtaining a gain.
The matter had its first appearance in the Melbourne Magistrates Court on 26 November 2025 and was listed for further mention on 4 March 2026.
This matter is being prosecuted by the Office of the Director of Public Prosecutions (Cth) (CDPP) following a referral from ASIC.
Background
The maximum penalty for making a false document with the intention it be accepted as genuine carries a maximum penalty of 10 years' imprisonment.
The maximum penalty for falsifying documents with the intention of obtaining a gain is seven years imprisonment.
The maximum penalty for acting as an auditor of a superannuation entity for the purpose of the SIS Act whilst knowingly being disqualified under s130F of the SIS Act is two years imprisonment.
ASIC previously announced the disqualification of Mr Convery on 1 October 2024 ( 24-215MR ).
Editor's note 1:
The mention hearing listed for the 4 March 2026 was adjourned. A further committal mention has been listed for on 28 April 2026.
Editor's note 2:
The matter was adjourned again for a further committal mention on 30 June 2026.