CPA Australia Ltd v Dunn

The matter before the court was an action by CPA Australia Ltd against Stephen Dunn, a practising accountant who is not a member of CPA Australia. CPA Australia sought an injunction against Mr Dunn from representing that he is a “Certified Practising Accountant”, a “Certified Public Accountant” or a “CPA” in connection with the provision, promotion or supply of his professional services. The court was required to determine whether Mr Dunn’s use of these titles was misleading and deceptive and whether CPA Australia had a proprietary interest in these titles.

The court held that Mr Dunn’s use of the titles “Certified Practising Accountant”, “Certified Public Accountant” or “CPA” was misleading and deceptive conduct, and that CPA Australia had a proprietary interest in these titles. The court found that the public used these titles to refer to members of CPA Australia who had completed a program of study and had ongoing professional development. The court held that Mr Dunn’s use of these titles was likely to cause confusion and mislead the public into thinking that he was a member of CPA Australia and had completed the necessary program of study and professional development. The court also found that CPA Australia had a proprietary interest in these titles as they had been widely adopted since 1983 and had been accorded statutory recognition throughout Australia.

The court made an order that Mr Dunn be restrained from representing that he is a “Certified Practising Accountant” or a “Certified Public Accountant” in connection with the provision, promotion or supply of his professional services. The court also ordered Mr Dunn to pay CPA Australia’s costs.