| CITATION: | Legal Services Commissioner v Fellows [2017] QCAT 337 |
| PARTIES: | Legal Services Commissioner (Applicant) |
| v | |
| Michael Arthur Fellows (Respondent) |
| APPLICATION NUMBER: | OCR027-14 |
| MATTER TYPE: | Occupational Regulation Matters |
| HEARING DATE: | On the papers |
| HEARD AT: | Brisbane |
| DECISION OF: | The Hon. Justice Martin Burns Assisted by: Mr Thomas Bradley QC Dr Margaret Steinberg AM |
| DELIVERED ON: | 6 October 2017 |
| DELIVERED AT: | Brisbane |
| ORDERS MADE: | The Tribunal, being satisfied that the respondent, Michael Arthur Fellows, engaged in professional misconduct, makes the following orders: 1. The respondent is publicly reprimanded; 2. The respondent is ordered to pay: (a) a pecuniary penalty in the sum of $6,000; and (b) the applicant’s costs of the application fixed in the sum $4,000; within 42 days. | ||
| CATCHWORDS: | PROFESSIONS AND TRADES – LAWYERS – COMPLAINTS AND DISCIPLINE – DISCIPLINARY PROCEEDINGS – PROFESSIONAL MISCONDUCT – where the respondent was charged and convicted of various tax offences in 2001, 2006 and 2011 – where the respondent pleaded guilty to each such offence in the Magistrates Court at Townsville and was fined – where application for disciplinary orders against the respondent was subsequently brought by the applicant Commissioner pursuant to s 452 of the Legal Profession Act 2007 (Qld) – where three charges were preferred against the respondent by which it was alleged that he had engaged in unsatisfactory professional conduct or professional misconduct – where the conduct underlying the convictions and about which the charges were concerned consisted of omissions occurring over a period in excess of 12 years and across the successive disciplinary regimes established by the Queensland Law Society Act 1952 (Qld), the Legal Profession Act 2004 (Qld) and the Legal Profession Act 2007 (Qld) – whether the respondent engaged in unsatisfactory professional conduct or professional misconduct – whether disciplinary orders should be made pursuant to s 456 of the Legal Profession Act 2007 (Qld) – whether the respondent should be ordered to pay the Commissioner’s costs of the application Queensland Law Society Act 1952 (Qld), s 3B, s 6A Allinson v General Council of Medical Education and Registration [1894] 1 QB 750, followed | ||
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- Case
- [2017] QCAT 337
- Decision Date
CaseChat Overview and Summary
The primary legal issues before the Tribunal were whether Fellows' conduct constituted unsatisfactory professional conduct or professional misconduct, and if so, what disciplinary orders should be imposed under the Legal Profession Act 2007 (Qld). The Tribunal had to determine the nature of the misconduct and the appropriate sanctions to address the serious breaches of professional and ethical standards by Fellows. Given the length and recurrence of the tax offences, the Tribunal had to consider the gravity of the misconduct and its implications for the legal profession.
The Tribunal concluded that Fellows' conduct amounted to professional misconduct due to the seriousness and repetitive nature of the tax offences. The Tribunal found that the misconduct was significant and warranted public reprimand and financial penalties. Accordingly, the Tribunal ordered Fellows to be publicly reprimanded and to pay a pecuniary penalty of $6,000, along with the Commissioner's costs of $4,000, within 42 days. The decision underscores the importance of upholding professional standards and the consequences faced by legal practitioners who engage in repeated breaches of tax laws.
Orders
Orders of the court
The Tribunal, being satisfied that the respondent, Michael Arthur Fellows, engaged in professional misconduct, makes the following orders:
1. The respondent is publicly reprimanded;
2. The respondent is ordered to pay:
(a) a pecuniary penalty in the sum of $6,000; and
(b) the applicant’s costs of the application fixed in the sum $4,000;
within 42 days.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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