LAW SOCIETY OF THE ACT & THE LEGAL PRACTITIONER ‘S’ (Stephen Stubbs) (Occupational Discipline)

The Legal Society of the ACT and a legal practitioner, Stephen Stubbs, appeared before the ACT Civil and Administrative Tribunal to address allegations of unsatisfactory professional conduct and professional misconduct. The dispute centred on a client of the practitioner who had a credit listing, which the practitioner was alleged to have attempted to reverse by offering a financial inducement. Further, it was claimed that the practitioner made false representations and engaged in misleading or intimidatory conduct. The Tribunal was tasked with determining whether these allegations were substantiated and, if so, what disciplinary action should be taken against the practitioner.

The primary legal issues before the Tribunal included whether the practitioner's conduct amounted to unsatisfactory professional conduct and professional misconduct under the Legal Profession Act 2006 (ACT). This involved assessing the credibility of the evidence presented and applying the Briginshaw standard of proof, which requires the Tribunal to be satisfied that the allegations are true on the balance of probabilities. The Tribunal had to consider whether the practitioner's actions in attempting to reverse the credit listing through a financial inducement constituted a false representation and whether this conduct was misleading or intimidatory.

In reaching its decision, the Tribunal carefully examined the evidence and testimonies provided. It found that while there was some evidence suggesting the practitioner had made representations to the client, there was insufficient proof to establish that these representations were false or that they amounted to misleading or intimidatory conduct. Consequently, the Tribunal determined that the practitioner's conduct did not meet the threshold for professional misconduct. However, the Tribunal did find that the practitioner's actions constituted unsatisfactory professional conduct. The Tribunal ordered that the application be listed for directions concerning any orders to be made under sections 425 and 433 of the Legal Profession Act 2006 (ACT), indicating that further proceedings would be necessary to determine the appropriate disciplinary measures.