Legal Services Commissioner v Bevan

CITATION: Legal Services Commissioner v Bevan [2015] QCAT 290

PARTIES:	Legal Services Commissioner (Applicant)
v
Peter Curtiss Bevan (Respondent)

APPLICATION NUMBER: OCR026-14

MATTER TYPE: Occupational regulation matters

HEARING DATE: 2 July 2015

HEARD AT: Brisbane

DECISION OF: Justice Carmody
Assisted by:
Ms Megan Mahon, Legal Panel Member
Prof Susan Dann, Lay Panel Member

DELIVERED ON: 30 July 2015

DELIVERED AT: Brisbane

ORDERS MADE:

THE TRIBUNAL ORDERS THAT:

1.    The respondent be publicly reprimanded.

2.    The respondent pay a penalty of $6,000.00 within 90 days.

3.    The respondent pay the applicant’s costs of and incidental to the disciplinary proceedings within 30 days, to be agreed, or failing agreement to be assessed on the standard basis.

CATCHWORDS:

PROFESSIONS AND TRADES – LAWYERS – COMPLAINTS AND DISCIPLINE – PROFESSIONAL MISCONDUCT OR UNSATISFACTORY PROFESSIONAL CONDUCT – FAMILY LAW – MISLEADING THE COURT –– where the respondent was a solicitor practising in family law – where the respondent represented a client in the Federal Magistrates Court in respect of a family law dispute – where the respondent made statements to the Federal Magistrates Court that his client had failed to appear as directed by the Court – where the respondent’s client had previously been present within the Federal Magistrates Court’s precinct – where the respondent advised the client not to appear in Court on the relevant day – where the respondent admits to misleading the Court – whether the respondent committed unsatisfactory professional conduct or professional misconduct.

Legal Profession Act 2007 (Qld) ss 419, 452, 456, 462
Queensland Civil and Administrative Tribunal Act 2009 (Qld) s 32

Legal Services Commissioner v Hackett [2006] LPT 015

APPEARANCES and REPRESENTATION:

This matter was heard and determined on the papers pursuant to s 32 of the Queensland Civil and Administrative Tribunal Act 2009 (Qld) (QCAT Act).

REASONS FOR DECISION

1. This is a discipline application by the Legal Services Commissioner under s 452 of the Legal Profession Act 2007 (Qld) in relation to the professional conduct of the respondent, Mr Peter Curtiss Bevan.

2. The applicant has charged the respondent with unsatisfactory professional conduct or professional misconduct by misleading the Federal Magistrates Court at Townsville, constituted by his Honour Magistrate Coker.

3. The respondent has admitted the facts constituting the misleading of the Court, and concedes that his conduct amounts to professional misconduct under s 419 of the Legal Profession Act 2007 (Qld).

4. The applicant submits that the appropriate orders are that the respondent should be publicly reprimanded and required to pay a pecuniary penalty in the measure of between $5,000.00 and $7,000.00.  The respondent resists the proposed penalty, claiming that a public reprimand and pecuniary penalty in the amount of between $4,000.00 and $5,000.00 sufficiently satisfies the disciplinary objectives of the Act.

5. Before considering the submissions of the parties determining the appropriate penalty, it is convenient to briefly summarise the circumstances giving rise to the professional misconduct.

Factual Matrix

1. The respondent was a partner in the practice of Bevan & Griffin Solicitors retained to represent Ms Nicole Ursula Ross in…