Legal Services Commissioner v Winning

The Legal Services Commissioner brought proceedings against Mr Winning, a legal practitioner, following an incident in the course of a criminal trial where he made offensive and discourteous comments directed at a crown prosecutor. The Legal Profession Uniform Law Application Act 2014 provides for disciplinary proceedings against legal practitioners for unsatisfactory professional conduct and professional misconduct. The Legal Services Commissioner alleged that Mr Winning’s comments were offensive, discourteous, provocative and/or compromised the integrity of the legal profession. It was also alleged that Mr Winning had a history of similar conduct. The Legal Services Commissioner sought a penalty against Mr Winning for his conduct.

The primary legal issue before the court was whether the penalty imposed on Mr Winning should be a public reprimand and a requirement for mentoring from senior colleagues, including Mr Davis QC. The court also had to consider the appropriate conditions to be attached to any penalty, including the requirement for Mr Winning to consult with a consultant psychologist, Mr Bruce Acutt, for treatment over a period of at least three years. Mr Winning admitted to professional misconduct and apologised for his conduct. He also presented evidence of a support network regime constructed by his colleagues to provide him with future mentorship.

The court considered the evidence presented and found that the penalty proposed by the Legal Services Commissioner was appropriate. The court found that the public reprimand and requirement for mentoring from senior colleagues would ensure that Mr Winning was held accountable for his conduct and would provide him with the support and guidance needed to prevent future misconduct. The court also found that the requirement for Mr Winning to consult with Mr Acutt for treatment was appropriate given his history of similar conduct and the evidence that his indiscretion was due to the cessation of his prescribed medication. The court ordered that Mr Winning be publicly reprimanded and required to accept mentoring from senior colleagues, including Mr Davis QC. The court also ordered that Mr Winning undertake treatment with Mr Acutt for a period of at least three years, with quarterly reports to be provided to the Legal Services Commission.

The court ordered that the parties file any further submissions in relation to costs by 29 January 2016. The court did not make any orders in relation to costs at the time of the decision.