QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL
CITATION:
Legal Services Commissioner v Kirin [2024] QCAT 489
PARTIES:
LEGAL SERVICES COMMISSIONER (applicant)
V
MILLS JOHN KIRIN (respondent)
APPLICATION NO/S:
OCR271 of 2023
MATTER TYPE:
Occupational regulation matters
DELIVERED ON:
14 November 2024
HEARING DATE:
24 October 2024
HEARD AT:
Brisbane
DECISION OF:
Hon Duncan McMeekin KC, Judicial Member
Assisted by:
Mr John Sneddon
Ms Julie CorkORDERS:
1. That the respondent’s conduct the subject of Charge 1 amounts to unsatisfactory professional conduct.
2. That the respondent be publicly reprimanded;
3. That the respondent pay a penalty of $2000 within 30 days;
4. That the respondent be required to undertake specialist domestic violence training approved by the Applicant; and
5. That the respondent pay the applicant’s costs of and incidental to this discipline application, such costs to be agreed or assessed on the standard basis in the manner in which costs would be assessed if the matter were in the Supreme Court of Queensland.
CATCHWORDS:
PROFESSIONS AND TRADES – LAWYERS – COMPLAINTS AND DISCIPLINE – PROFESSIONAL MISCONDUCT AND UNSATISFACTORY PROFESSIONAL CONDUCT – where the respondent was engaged to act for a client in a matter under the Domestic and Family Violence Protection Act2012 (Qld) – where the respondent sent correspondence to the opposing solicitor acting in that matter – whether that correspondence was discourteous and that went beyond legitimate advocacy and was likely to embarrass or frustrate another person – whether the respondent’s conduct amounts to professional misconduct or unsatisfactory professional conduct – where parties dispute the pecuniary penalty amount – appropriate pecuniary penalty
Legal Profession Act 2007 (Qld) ss 418, 419, 452, 456, 462
Australian Solicitors’ Conduct Rules 2012 rr 21
Domestic and Family Violence Protection Act 2012 (Qld) s 3Allinson v General Council of Medical Education and Registration [1894] 1 QB 750
Law Society of New South Wales v Foreman (No 2) (1994) 34 NSWLR 408
Legal Services Commissioner v Brown [2020] QCAT 423
Legal Services Commissioner v Bussa [2011] QCAT 388
Legal Services Commissioner v Cooper [2011] QCAT 209
Legal Services Commissioner v Ferguson [2021] QCAT 205
Legal Services Commissioner v Madden [2009] 1 Qd R 149
Legal Services Commissioner v Munt [2023] QCAT 479
Legal Services Commissioner v PRF [2023] QCAT 291
Legal Services Commissioner v Orchard [2012] QCAT 583
Legal Services Commissioner v SYG [2023] QCAT 401
Legal Services Commissioner v Winning [2008] LPT 13
APPEARANCES & REPRESENTATION:
Applicant:
H Edwards instructed by Legal Services Commissioner
Respondent:
C McGee, of Gilshenan & Luton Lawyers
REASONS FOR DECISION
This is an application under s 452 of the Legal Profession Act 2007 (Qld) (‘LPA’) for the Tribunal to make disciplinary orders pursuant to s 456 of the LPA.
The respondent, Mills John Kirin, has been charged by the Legal Services Commissioner that:
On various dates between 22 February 2022 and 16 August 2022 [Mr Kirin] sent correspondence that was discourteous and that went beyond legitimate advocacy and was likely primarily designed…
Keep reading for free
Create a free CaseChat account to read Legal Services Commissioner v Kirin and more:
- Read every judgment in full
- Ask AI and get answers linked to paragraphs
- See how each paragraph was cited in later cases
- Download judgments as PDF or Word
One click creates your free account or signs you in.
By continuing you agree to the Terms and Privacy Policy.
- Case
- [2024] QCAT 489
- Decision Date
CaseChat Overview and Summary
The Tribunal found that Mr Kirin's correspondence was indeed discourteous, offensive and thoughtless, and that his conduct went beyond legitimate advocacy. The Tribunal noted that Mr Kirin had no prior experience in domestic and family violence matters, which may have contributed to his insight into the inappropriateness of his comments. Given these factors, the Tribunal concluded that Mr Kirin's conduct amounted to unsatisfactory professional conduct, rather than professional misconduct. The Tribunal also considered the appropriate sanction, taking into account the need for personal and general deterrence, as well as various mitigating factors such as Mr Kirin's cooperation in the proceedings, his insight and remorse, and his steps towards self-improvement.
The Tribunal ultimately decided that Mr Kirin's conduct warranted a public reprimand, a pecuniary penalty of $2000, and a requirement to undertake specialist domestic violence training approved by the Commissioner. Additionally, Mr Kirin was ordered to pay the Commissioner's costs of and incidental to the disciplinary application. The Tribunal took into account Mr Kirin's age, his unblemished career, his modest income, and his temporary cessation from practice when determining the penalty and other sanctions.
Orders
Orders of the court
1. That the respondent’s conduct the subject of Charge 1 amounts to unsatisfactory professional conduct.
2. That the respondent be publicly reprimanded;
3. That the respondent pay a penalty of $2000 within 30 days;
4. That the respondent be required to undertake specialist domestic violence training approved by the Applicant; and
5. That the respondent pay the applicant’s costs of and incidental to this discipline application, such costs to be agreed or assessed on the standard basis in the manner in which costs would be assessed if the matter were in the Supreme Court of Queensland.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.