Banned SMSF auditor charged with continuing to act, falsifying documents

Following a referral from ASIC, the matter was prosecuted by the Office of the Director of Public Prosecutions and had its first appearance in the Melbourne Magistrates Court on 26 November 2025.

The news comes after Convery was first announced to have been disqualified under the Superannuation Industry (Supervision) Act (SIS Act) by ASIC just over a year ago on 1 October 2024.

The regulator alleged Convery had continued to act as an SMSF auditor for four tax agents and 56 entities despite knowing he was disqualified, between June 2024 and January 2025.

 ASIC alleged Convery had created a series of false documents, specifically a letter and 47 SMSF audit reports between June 2024 and January 2025.

According to ASIC, Convery allegedly created the documents for the purposes of them being accepted as genuine by other parties, or for obtaining a gain.

ASIC noted the maximum penalty for making a false document with the intention that it be accepted as genuine carried a maximum penalty of 10 years imprisonment, and the maximum penalty for falsifying documents with the intention of obtaining a gain was seven years imprisonment.

On top of this, 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 was two years imprisonment.  

The matter was listed for further mention in the Melbourne Magistrates Court early next year, on 4 March 2026.