QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL
CITATION:
Legal Services Commissioner v Graham [2024] QCAT 387
PARTIES:
LEGAL SERVICES COMMISSIONER (applicant)
v
MICHAEL ANTHONY GRAHAM (respondent)
APPLICATION NO/S:
OCR 208-23
MATTER TYPE:
Occupational regulation matters
DELIVERED ON:
18 September 2024
HEARING DATE:
15 July 2024
HEARD AT:
Brisbane
DECISION OF:
Justice Williams
Assisted by:
Mr Richard Barnes, Practitioner Panel Member
Mr Keith Revell, Lay Panel MemberORDERS:
1. The Respondent’s conduct identified in respect of each of Charges 1 to 5 in the discipline application is found to constitute professional misconduct.
2. The Respondent not be granted a practising certificate before 27 February 2026.
3. The Respondent complete the QLS Practice Management Course prior to being granted a principal’s practising certificate.
4. The Respondent is publicly reprimanded.
5. The Respondent pay the LSC’s costs of and incidental to the discipline application, to be assessed on the standard basis as if this were a proceeding before the Supreme Court of Queensland.
CATCHWORDS:
PROFESSIONS AND TRADES – LAWYERS – COMPLAINTS AND DISCIPLINE – DISCIPLINARY PROCEEDINGS – PROFESSIONAL MISCONDUCT – where the respondent was charged and convicted of various tax offences in 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014 and 2017 – where the respondent pleaded guilty and was fined for the charges for which he was convicted – where an application for disciplinary orders against the respondent was subsequently brought by the applicant Commissioner pursuant to s 456 of the Legal Profession Act 2007 (Qld) – where the applicant alleges that the charges against the respondent constitute unsatisfactory professional conduct or professional misconduct – whether conduct also breached Australian Solicitors Conduct Rules as likely to material degree to bring profession into dispute – 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) – practising certificate previously cancelled and period expired – payment of debt to ATO paid in full prior to hearing – evidence of remorse and rehabilitation – whether Tribunal should recommend respondent being struck from roll – whether supervision appropriate – whether the respondent should be ordered to pay the Commissioner’s costs of the application
Australian Solicitors Conduct Rules 2012, r 5
Legal Profession Act 2007 (Qld), s 5, s 6, s 69, s 70, s 418, s 419, s 420, s 423, s 453, s 456, s 462, s 656
QLS Administration Rule 2005, r 31Tax Administration Act 1953 (Cth), s 8C
Adamson v Queensland Law Society Incorporated [1990] 1 Qd R 498
A Solicitor v Council of the Law Society of New South Wales [2004] HCA 1; (2004) 216 CLR 253
Attorney-General v Bax [1999] 2 Qd R 9
Attorney-General & Minister for Justice Queensland v Priddle [2002] QCA 297
Briginshaw v Briginshaw (1938) 60 CLR 336
GLJ v Trustees of the Roman Catholic Church for the Diocese of Lismore (2023) 97 ALJR 857; [2023] HCA 32
Legal Services Commissioner v Brown
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- Case
- [2024] QCAT 387
- Decision Date
CaseChat Overview and Summary
The court considered extensive evidence regarding Mr Graham's financial history, his repayment of the tax debt to the Australian Taxation Office (ATO), and his explanations for his conduct. Mr Graham submitted that his failures to file tax returns and GST returns were due to negligence rather than deliberate tax avoidance and that he had shown remorse and taken steps to rectify his financial and administrative failings. The court weighed this against the severity of Mr Graham's repeated failures to meet his tax obligations, despite being a legal practitioner.
The court concluded that Mr Graham's conduct constituted professional misconduct. It found that his repeated failures to comply with tax obligations were a serious breach of the professional standards expected of legal practitioners. Despite acknowledging Mr Graham's remorse and efforts to rectify his financial situation, the court determined that the seriousness of his misconduct warranted a strong response.
The court ordered that Mr Graham not be granted a practising certificate before 27 February 2026, that he complete the QLS Practice Management Course prior to being granted a principal’s practising certificate, that he be publicly reprimanded, and that he pay the LSC’s costs of the application. This decision reflects the court's consideration of both the gravity of Mr Graham's misconduct and the need to uphold the integrity of the legal profession.
Orders
Orders of the court
1. The Respondent’s conduct identified in respect of each of Charges 1 to 5 in the discipline application is found to constitute professional misconduct.
2. The Respondent not be granted a practising certificate before 27 February 2026.
3. The Respondent complete the QLS Practice Management Course prior to being granted a principal’s practising certificate.
4. The Respondent is publicly reprimanded.
5. The Respondent pay the LSC’s costs of and incidental to the discipline application, to be assessed on the standard basis as if this were a proceeding before the Supreme Court of Queensland.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.