Legal Services Commissioner v Mellick

CITATION: Legal Services Commissioner v Mellick [2016] QCAT 155

PARTIES:	Legal Services Commissioner (Applicant/Appellant)
v
Habib Abraham Mellick (Respondent)

APPLICATION NUMBER: OCR293-13

MATTER TYPE: Occupational Regulation matters

HEARING DATE: On the papers

HEARD AT: Brisbane

DECISION OF:

Justice DG Thomas, President

Assisted by:
Mr Peter Sheehy, Legal panel member
Dr Margaret Steinberg, Lay panel member

DELIVERED ON: 14 April 2016

DELIVERED AT: Brisbane

ORDERS MADE:

1.     Mr Mellick be publicly reprimanded.

2.     There be a fine in the sum of $1,500.00.

3.     Mr Vince Bailey, of the Boland Centre 14 Spencer Street Cairns, be appointed to supervise Mr Mellick for a period of 12 months on the following basis:

a)    Within the next 30 days, Mr Bailey will undertake an audit of Mr Mellick’s files to satisfy himself that the files are conducted in a timely fashion and provide a report to the Legal Services Commissioner.

b)   To satisfy himself that files are being conducted in a timely fashion, Mr Bailey will meet with Mr Mellick at least every 2 months for a period of 12 months, and audit files as he believes necessary.

c)    Mr Bailey will provide reports to the Legal Services Commissioner at the expiration of the period of 6 months from the date of this order and 12 months from the date of this order.

d)   All costs associated with the work undertaken by Mr Bailey will be paid by Mr Mellick to Mr Bailey.

4.     The Legal Services Commissioner shall have liberty to apply for further orders in these proceedings including an order varying the penalty based on information provided by Mr Bailey at any time up to the date which is 18 months from the date of this order.

5.     Mr Mellick pay the costs of the Legal Services Commissioner assessed on the standard basis pursuant to the Uniform Civil Procedure Rules 1999 (Qld) as if the matter had been heard in the Supreme Court of Queensland.

CATCHWORDS:

PROFESSIONS AND TRADES – LAWYERS – COMPLAINTS AND DISCIPLINE – DISCIPLINARY PROCEEDINGS – PROFESSIONAL MISCONDUCT – where the respondent failed to initiate proceedings on behalf of his clients – where the respondent falsely represented to his clients that their matter was progressing when in fact proceedings had not been initiated – where the respondent has been the subject of a disciplinary proceeding before the Tribunal previously – where the respondent admits his conduct amounts to professional misconduct – where the respondent says he agrees to be subject to supervision – where the respondent paid compensation to his clients and waived their legal fees – nature of appropriate penalty

Legal Profession Act 2007 (Qld) s 418, s 419, s 437, s 443(1)(a)(i), s 443(3), s 466
Queensland Civil and Administrative Tribunal Act 2009 (Qld), s 32
Uniform Civil Procedure Rules 1999 (Qld)

Legal Practitioner’s Conduct Board v Phillips [2002] SASC 63

APPEARANCES and REPRESENTATION (if any):

This matter was heard and determined on the papers pursuant to section 32 of the Queensland Civil and Administrative Tribunal Act