Legal Services Commissioner v Budgen

The Legal Services Commissioner has commenced disciplinary proceedings against Rodney Richard Budgen in the Legal Services Division of the Supreme Court of Queensland. The Commissioner has charged Budgen with four charges of professional misconduct or unsatisfactory professional conduct, with three charges being admitted by Budgen. The remaining charge alleges a failure to maintain competence and diligence in dealing with money in the respondent’s trust account. This is not the first time Budgen has faced disciplinary action, having previously been disciplined by the Tribunal. The court was required to decide whether Budgen’s conduct constitutes unsatisfactory professional conduct or professional misconduct and whether the nature of the offences warrant a finding that Budgen’s name be removed from the local roll.

The court noted that Budgen had admitted to three charges of unsatisfactory professional conduct, and that the remaining charge was disputed. The court considered the evidence and submissions of both parties before making its decision. The court found that Budgen’s conduct did constitute unsatisfactory professional conduct, and that the nature of the offences warranted a finding that Budgen’s name be removed from the local roll. The court also made orders regarding the submission of further submissions and the determination of sanction, costs and compensation.

The court ordered that Budgen file submissions relating to sanction by 4:00pm on 31 March 2016, and that the Legal Services Commissioner file any further submissions he wishes to make concerning sanction by 4:00pm on 21 April 2016. The parties were also ordered to file submissions regarding the appropriate order as to costs by 4:00pm on 31 March 2016. Budgen was further ordered to make any submissions he wishes to make in response to the Notice of Intention to Seek Compensation Order by 4:00pm on 31 March 2016. Unless any party requires otherwise, the orders as to sanction, costs and compensation will be determined on the papers after the date upon which the Commissioner files any further submissions, or indicates that no further submissions will be made.