Finding
Professional misconduct under the Legal Profession Uniform Law (Vic) + Unsatisfactory professional conduct under the Legal Profession Uniform Law (Vic) + common law misconduct
Penalty
Date of Order: 28 July 2021 (Liability) and 15 July 2022 (Penalty) Orders: 1. The Tribunal recommends to the Supreme Court that the Respondents name be removed from the Roll of legal practitioners. 2. The Respondent is reprimanded. 3. The Respondent is prohibited from applying for an Australian practising certificate for a total period of 9 years from the date of these Orders. 4. The Respondent is to be subject to a condition on any practising certificate obtained following the expiry of the prohibition period in Order 3 that he practise as an employee only for a total period of 5 years. 5. The Respondent is to be subject to a condition on any practising certificate obtained following the expiry of the prohibition period in Order 3 that for 3 years he be subject to additional supervision by any employer requiring provision to the Victorian Legal Services Board and Commissioner (VLSBC) of written confirmation from a principal or senior officer of the employer that they have been provided with and read a copy of the Tribunals Orders and Reasons for Decision and undertake to provide close supervision and report to the VLSBC no less than every six months on the Respondents work. 6. The Respondent at the time of applying for a practising certificate following the total prohibition period in Order 3 must demonstrate to the VLSBC that he has completed during the preceding twelve months 10 points of continuing professional development (CPD) in the area of ethics and professional conduct responsibility. 7. The Respondent must each year for the first 3 years following obtaining a practising certificate after the prohibition period in Order 3 complete an additional 3 points of CPD in the area of legal costs. 8. The Respondent must during the first four years of the total employee only period specified in Order 4 complete a Practice Management Course approved by the VLSBC. 9. The Respondent prior to obtaining a practising certificate following the total prohibition period in Order 3 must nominate a practice area in which he will work and such practising certificate is to be subject to a condition limiting the Respondent to that practice area for the duration of the employee only period specified in Order 4. The Respondent is to undertake 8 additional CPD points in the nominated practice area over the first 12 months of practice in that area and should his nominated practice area change during the employment only period he is to undertake a further 8 additional CPD points in any further nominated practice area within the first 12 months of practising in it. 10. The Respondent must pay a total fine of $11250 with a stay on payment for a period of 3 months from the date of these Orders. 11. The Respondent is to pay the Applicants costs with the amount to be determined by the agreement of the parties or in the absence of an agreement by the Costs Court.