QCAT has recommended that a lawyer be struck off the NSW roll following a finding of professional misconduct.
The practitioner was admitted in New South Wales in 2006 and had periodically held practising certificates in Queensland, although had not held one since June 2023.
He had previously been found to have committed professional misconduct and unsatisfactory professional conduct.
In the present case, the respondent was employed by a Gold Coast firm where he acted for four clients in separate matters. Each client made complaints against him pursuant to ss 428 and 429 of the Legal Profession Act 2007.
The Legal Services Commissioner sent notices to the respondent in relation to each complaint but did not receive a response to any of the notices. He was consequently charged with four counts of failing to comply.
The respondent did not engage with the proceedings before QCAT, failing to file a response or appear at the hearing, with each charge found to be proved.
In its findings, the Tribunal noted The Legal Profession Act regards such conduct seriously.
“Part of the obligation of legal practitioners is to submit to regulation. Part of that entails submission to any lawful step taken by the LSC. Those principles are illustrated by s 443(3), which makes a failure to comply with a notice professional misconduct.”1
“The privilege of legal practice is regulated by the Legal Profession Act. The Legal Profession Act regulates the profession for the public’s protection. Part of a lawyer’s ethical obligations is to submit to regulation.
“A lawyer who, like Mr De Fraine, effectively removes themselves from regulation by failing to comply with the legislation is clearly unfit for practice and the privilege of practice must be removed.”
The Tribunal found that, while the respondent was not admitted in Queensland, he was an “Australian lawyer” under the Legal Profession Act 2007 and subject to its jurisdiction. He was found to have committed four counts of professional misconduct, and the Tribunal recommended that the respondent’s name be removed from the New South Wales roll of Australian Lawyers maintained by the Supreme Court of New South Wales pursuant to the Legal Profession Uniform Law (NSW).
Costs were awarded.
- Legal Services Commissioner v De Fraine[2025] QCAT 527 [28] ↩︎
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