Council of the Law Society of the Act v Wearne (Occupational Discipline)

The respondent, Mr Wearne, was found to have engaged in unsatisfactory professional conduct by the Council of the Law Society of the ACT. The Council sought an order that Mr Wearne be publicly reprimanded and that he pay costs. The dispute was heard by the Supreme Court of the ACT. The Council alleged that Mr Wearne had witnessed a statutory declaration when he had not done so. The Council claimed that Mr Wearne had signed a statutory declaration as a witness when he had not actually witnessed the deponent sign the declaration. Mr Wearne conceded that he had not witnessed the signing of the declaration, but claimed that he had relied on the deponent’s assertion that the declaration had been signed in his presence.

The court had to decide whether Mr Wearne’s conduct constituted unsatisfactory professional conduct and whether the penalties sought by the Council were appropriate. The court found that Mr Wearne’s conduct did amount to unsatisfactory professional conduct as it breached the professional obligations of honesty and integrity. The court also found that the penalties sought by the Council were appropriate. The court noted that Mr Wearne had not disputed the Council’s case and had not sought to justify his conduct. The court held that the penalties sought by the Council were necessary to uphold the professional standards of legal practitioners and to maintain public confidence in the legal profession.

The court made an order finding that Mr Wearne had engaged in unsatisfactory professional conduct. The court also ordered that Mr Wearne be publicly reprimanded. Finally, the court ordered that Mr Wearne pay the costs of the proceeding. The court noted that the costs should be paid on the Supreme Court scale on a party/party basis as agreed or as assessed.