Legal Practitioners Conduct Board v Kudra

The Legal Practitioners Conduct Board brought disciplinary proceedings against a practitioner, who appealed a decision of the Tribunal. The appeal was referred to the Full Court and heard concurrently with the disciplinary proceedings. During the hearing, the practitioner abandoned his appeal, and the Court was invited to dismiss it. The substance of the conduct alleged by the complainant was admitted by the practitioner, save for a dispute regarding the nature of his touching of the complainant's left breast.

The central legal issue before the Court was whether the practitioner's admitted conduct, which involved touching a client's breasts during a consultation for legal advice concerning medical issues, constituted unprofessional conduct. Specifically, the Court had to determine if the practitioner's actions were indecent, lewd, or for prurient or sexual purposes, as alleged by the Board, or if they were solely for the purpose of a professional comparison of breast hardness, as the practitioner contended in relation to the touching of the left breast.

The Court confirmed the Tribunal's finding that the practitioner was guilty of unprofessional conduct. While acknowledging the practitioner's admission of the core conduct, the Court found that his actions went beyond professional necessity and were inappropriate in a solicitor-client relationship. The Court applied principles of professional responsibility and the maintenance of proper boundaries between legal practitioners and their clients.

The Court ordered that the practitioner's practising certificate be endorsed with conditions requiring him to practise under supervision for two years. The supervision was specifically focused on the maintenance of proper professional relationships and personal boundaries with clients. The terms of supervision, including the identity of the supervisor, reporting obligations, and the practitioner's responsibilities, were detailed in the order. The practitioner was also ordered to pay the costs of the Board.