Finding
Professional misconduct under the Legal Profession Uniform Law (Vic) + Unsatisfactory professional conduct under the Legal Profession Uniform Law (Vic) + common law misconduct
Penalty
1. The appellant has leave to appeal. 2. Order 1 made on 17 January 2019 in the VCAT Proceeding (cancellation of practising certificate and disqualification for 2 years) is set aside on the basis that the reasons given by VCAT on 5 June 2018 for the finding in respect to charge 8 were inadequate. 3. In place of order 1 made in the VCAT Proceeding the Court orders in respect of charge 9 that the appellants practising certificate be cancelled as at 28 June 2019 and no Australian practising certificate is to be applied for or issued to the appellant prior to 28 March 2020 that is for a period of 9 months from the date of the cancellation. 4. Order 5 made in the VCAT Proceeding (costs) is set aside consequent on the setting aside of order 1. 5. In place of order 5 made in the VCAT Proceeding the Court orders that the appellant is to pay the Commissioners costs of the VCAT proceeding including witness expenses fixed at $10000 within 30 days. 6. The remaining orders in the VCAT Proceeding are confirmed. 7.There is no order for costs in this proceeding. 8. The appeal is otherwise dismissed.