ASIC takes action against permanently banned SMSF auditor

The Australian Securities and Investments Commission (ASIC) has cracked down on a permanently disqualified self-managed superannuation fund (SMSF) auditor for continuing to provide services over a seven-month period despite his ban coming into effect.

An investigation conducted by the corporate watchdog has led to Melbourne-based Kristian John Convery, whose disqualification came into effect on 15 May last year, being charged with “acting as an SMSF Auditor for four tax agents and 56 entities whilst being disqualified”.

ASIC alleges that Convery knew he was disqualified and yet continued to act as an SMSF auditor between June 2024 and January 2025, and that he generated several false documents – a letter and 47 SMSF audit reports – “for the purposes of them being accepted as genuine by other parties or for obtaining a gain” between July 2024 and January 2025.

ASIC has referred the case to the Office of the Director of Public Prosecutions (Cth) (CDPP), with it first appearing before the Melbourne Magistrates Court yesterday before its next appearance on 4 March 2026.

Convery faces a range of maximum penalties for the charges against him, including 10 years imprisonment “for making a false document with the intention it be accepted as genuine”, seven years imprisonment “for falsifying documents with the intention of obtaining a gain” and two years imprisonment “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”.