Legal Services Commissioner v Mellick

In the matter of Legal Services Commissioner v Mellick, the Legal Services Commissioner brought proceedings against Mr Mellick for professional misconduct in relation to his conduct as a lawyer. Mr Mellick admitted to failing to initiate proceedings on behalf of his clients and falsely representing to them that their matter was progressing when it was not. The case was heard in the Queensland Civil and Administrative Tribunal (QCAT). The Tribunal had to decide the appropriate penalty for Mr Mellick’s misconduct, which he admitted amounted to professional misconduct. Mr Mellick agreed to be subject to supervision and paid compensation to his clients and waived their legal fees.

The Tribunal considered the nature of the misconduct, Mr Mellick's admissions, and his willingness to be supervised. The Tribunal ordered a public reprimand, a fine of $1,500, and the appointment of Mr Vince Bailey as a supervisor for a period of 12 months. The Tribunal also granted the Legal Services Commissioner the 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. The Tribunal ordered Mr Mellick to 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.

In summary, the Tribunal found Mr Mellick’s conduct to be professional misconduct and ordered a public reprimand, a fine, and supervision. The Tribunal also granted the Legal Services Commissioner the 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. The Tribunal ordered Mr Mellick to pay the costs of the Legal Services Commissioner.