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Cynthia is an accountant in a well-known Accounting Firm. It is 30th June 2019 and she is busy with outstanding tax returns for her clients.
Cynthia is an accountant in a well-known Accounting Firm. It is 30th June 2019 and she is busy with outstanding tax returns for her clients. One of her regular clients, Sandra, telephones Cynthia to ask, "what is the maximum Super concessional caps contribution she can make to her superannuation account for the year ended 30th June 2019?" Cynthia advises her that $30,000 is the maximum contribution she can make. However, Cynthia did not advise her that the current Super concessional caps contribution should include her employer's 9.5% super guarantee contributions and her own salary sacrificed contributions. Together, the maximum amount of contributions allowed for this financial year is $25,000. As a result of Cynthia's omission in providing the correct information, Sandra needs to pay additional tax on $5000. Please explain if Cynthia as an accountant could be liable under the tort of negligence for her advice over the phone. In your answer explain the meaning of negligence and what are the elements that must be satisfied in order to establish negligent misstatement. (5 Marks) Explain the standard of care that is expected of persons holding a particular skill and the standard of care for professionals (5 Marks) You will also need to address if Sandra had contributed to her own financial damage or she had the voluntary assumption of risk when she asked Cynthia for advice over the phone. And explain if Sandra can claim damages against Cynthia (5 Marks) Please make sure you use statutory provisions and relevant cases to support your legal arguments
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