For ignoring notices related to complaints made by four separate clients, a Queensland lawyer was hit with a recommendation that his name be removed from the roll of solicitors.
The Queensland Civil and Administrative Tribunal has recommended a strike-off order for Anthony De Fraine, a lawyer who has practised in the Gold Coast but was admitted to the NSW Supreme Court roll.
Justice Peter Davis, assisted by panel members Elizabeth Shearer and Dr Julian Lamont, said De Fraine should be disciplined for his failure to respond to 21 notices sent by the Legal Services Commissioner about complaints made by four clients.
The decision dealt with the failure to comply issue only and made no suggestion that any of the client complaints were made out.
Under the Legal Profession Act, a failure to comply with a requirement given by notice constitutes professional misconduct.
“Here, De Fraine has abrogated his professional responsibilities. He has, at is were, ‘opted out’,” Justice Davis determined.
“A lawyer who, like De Fraine, effectively removes themselves from regulation by failing to comply with the legislation is clearly unfit to practice and the privilege of practice must be removed.”
In 2015, De Fraine was found to have committed professional misconduct in April 2013 and May 2024 for appearing in a Magistrates Court bail application without a practising certificate.
At that time, he was publicly reprimanded and fined $500.
In March 2024, De Fraine was reprimanded and fined $2,000 for misconduct on social media that was “likely to a material degree to bring the legal profession into disrepute”.
That conduct concerned a criminal law client who boasted about getting bail on his public social media account.
In comments on that post, De Fraine said he was “too pretty for jail” and added: “In the hoods where I’ve run people know De Fraine keeps all the boys out of jail.”
Justice Paul Williams said, given De Fraine had given up a career in law, there was no need for a more restrictive punishment.
The case: Legal Services Commissioner v De Fraine [2025] QCAT 527.
