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A barrister was reprimanded and barred from working in the profession for a year after he failed to carry out a brief despite giving the firm that retained him multiple assurances that he would do so.
Alan Walter Sandbach admitted to unsatisfactory professional conduct and professional misconduct with respect to his work on a brief and agreed to a penalty of a reprimand and a prohibition on applying for another practising certificate for a year.
The Victorian Civil and Administrative Tribunal (VCAT) heard the prohibition was in addition to a 2024 undertaking Sandbach had already given to not apply for a practising certificate in any state or territory. He has not held a practising certificate since April 2019.
In February 2019, Sandbach was given formal instructions to prepare a proposed appeal. At that time, he was involved in unrelated disciplinary matters and had been advised that his practising certificate would be disqualified for four years from mid-April.
Despite reminders and offers of assistance from the firm, Sandbach did not complete the work prior to the disqualification period.
VCAT vice president, Judge Caitlin English, noted there were four instances of Sandbach “communicating his intention to finish the work by a particular date and not doing so”.
“The conduct fell short of the standard of competence and diligence the public expects of a reasonably competent lawyer and constitutes unsatisfactory professional conduct,” Judge English said.
After that time, Sandbach made false and misleading statements to the firm that he would still perform the legal work.
Judge English said she was satisfied the protection of the community would be achieved by further disqualification, “particularly in the context of the undertaking Sandbach has made not to apply for a practising certificate in the future”.
The case: Victorian Legal Services Commissioner v Sandbach (Legal Practice) [2025] VCAT 465 (30 May 2025)
Naomi Neilson is a senior journalist with a focus on court reporting for Lawyers Weekly.
You can email Naomi at:
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