Director of Mission Beach firm tells court he’s not registered

A highly regarded Mission Beach business owner has told a court he holds no tax agent accreditation despite directing a tax and accounting company. What happened in court.

Ruaidhri Carslake at the Can Do Accounting pop-up store within the Cassowary Shopping Village. Picture Supplied

A highly regarded Mission Beach business owner has told a court he holds no personal tax agent accreditation despite directing a tax and accounting company.

Operating from the Cassowary Shopping Village, Can Do Accounting Services offers a tax return and business activity statement lodgement service as well as general taxation advice.

The business’s sole director is Ruaidhri Sinclair Carslake.

According to the Tax Practitioners Board, Can Do Accounting is a registered tax entity and Mr Carslake was admitted as an associate member of the Institute of Public Accountants in 2018.

However, Mr Carslake has not satisfied a stringent set of qualifications and experience requirements to become a registered tax agent.

Ruaidhri Carslake is the Mission based sole director of Can Do Accounting.

A person is required to have proper accreditation to submit tax returns or BAS documents.

Mr Carslake said he had “never operated illegally in any way”, and there had been a number of people he had employed over the years who were registered agents.

A disagreement relating to tax accreditation between Mr Carslake and Cesare Schembari came to a head the other week when the pair appeared in the Innisfail Magistrates Court.

Mr Schembari had previously received a concerns notice from MobbsMarr Legal acting for Mr Carslake after Mr Schembari told Can Do Accounting clients that Mr Carslake was not a registered tax agent, according to documents sighted by the Cairns Post.

Mr Carslake appeared at court on February 20 in relation to a peace and good behaviour order applied for by Mr Schembari.

The application was applied for by Mr Schembari who alleged in court that he was “approached” by unidentified people.

Mr Schembari also alleged that Mr Carslake published a Facebook post which included a photograph of him and accused him of being a “bully” with the caption, “be wary of this man,” after he raised questions in Mission Beach about Mr Carslake’s qualifications.

The Facebook post made by Ruaidhri Carslake about Cesare Schembari known as Don Cesare in Mission Beach. Picture: Supplied

Under questioning from Magistrate Simon Young, Mr Carslake admitted making the Facebook post but couldn’t provide any documentation to prove he was a registered tax agent.

“Attacking somebody else, warning about this person with no particular detail about it, you think this is defensive, do you?” Mr Young asked.

“The words you chose were offensive, designed to harm.”

Magistrate Young said the basis for the whole disagreement centred around the allegation that Mr Carslake was not the holder of a taxation licence.

“So where is your tax accreditation, your tax agent licence,” he asked.

“I don't have anything like that here, your Honour,” Mr Carslake replied.

“I want to see your personal registration,” Mr Young said.

“I don’t have a personal registration,” Mr Carslake replied.

Magistrate Young then made comments that referenced the concerns notice prepared by lawyers acting for Mr Carslake.

“Your lawyers are saying that the inference is that you don’t have a tax licence is completely untrue and you’re telling me that it is true,” Mr Young said.

“If there are problems in the community because Mr Carslake has stirred things up against you and clearly his own position is a foundation of lies (and) his own lawyer’s letter on their instructions is just wrong, then I think that’s something that can be brought up in a different context.

“As a purportedly educated man, Mr Carslake, this is a disgrace.”

The peace and good behaviour application was dismissed as Mr Schembari couldn’t provide proof that people who approached him acted on the direction of Mr Carslake.

President elect of Mission Beach Rotary Ru Carslake (second from right) in 2019 at the unveiling of a Mission Beach mural painted by artist Lavinia Letheby.

It’s also alleged Mr Carslake named Townsville based accountant Jeff Pringle as the Can Do Accounting’s supervising tax agent, without his knowledge, to meet requirements laid out by the Tax Agent Services Regulations charter.

“I have lodged a complaint with both the Tax Practitioners Board and his membership organisation, the Institute of Public Accountants, in regards to this matter,” Mr Pringle said.

In a statement the Tax Practitioners Board said there was no record of a Ruaidhri Carslake as a registered tax agent but for privacy reasons couldn’t respond to queries about whether complaints had been made.

No action has been taken by the Tax Practitioners Board and Mr Carslake is not accused of any criminal wrongdoing.

Mr Carslake when contacted by the Cairns Post said he entered into a commercial arrangement whereby Mr Pringle would be the supervising tax agent for Can Do Accounting but the deal was later made void and money refunded.

“What I did wrong is I didn’t remove him as supervising tax agent,” Mr Carslake said.

“I put Jeff in a difficult position unwittingly, and I very much want to apologise to Jeff.”

Mr Carslake said he “was well aware” of the tax allegations but claimed he never mislead clients.

“I have not and have never operated illegally in any way,” he said.

“There have been a number of people I have employed as registered agents over the years.

“I’m an idiot for not applying (for accreditation.)”

Follow @petercarruther1

Originally published as Director of Mission Beach firm tells court he’s not registered