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A solicitor disciplined for contravening a District Court order admitted it was “embarrassing given the nature of the dispute”.
By taking just over $32,000 from funds held in trust on behalf of a client’s estate, a solicitor – known only as MAB due to suppression orders – contravened an order of the District Court of Queensland.
MAB had been assisting the client with discharging her obligations as an executor of her mother’s will, including on an application seeking injunctive relief against the client in relation to a property.
As part of this, over $42,600 from the deceased’s estate was received into MAB’s trust account and receipted in October 2019.
The following April, the District Court ordered the client was not entitled to be indemnified from the deceased estate for the costs of and incidental to the application until further order or consent.
The $32,000 was taken in July 2020 and, given that it included the client’s costs of and incidental to the interlocutory injunction, was made in contravention of the District Court’s order.
As part of a disciplinary application, MAB told the Queensland Civil and Administrative Tribunal (QCAT) this was an “unintentional and regrettable error” and “embarrassing given the nature of the dispute”.
Despite accepting the breach, offering his “sincere” apologies to the other side’s client, and offering to repay a sum, this did not occur until another year later. MAB explained this was due to “oversight” and the distraction of family law proceedings with his ex-wife.
QCAT asked questions “concerning the fact that it appears that there was oversight upon oversight”, and noted the chronology raised some “misgivings” about the failure to pay the sum in a timely way.
However, the tribunal accepted that the timely payment was not alleged as part of MAB’s conduct. It also accepted that the breach of the court order “was inadvertent and the result of administrative oversight”.
It was found to be unsatisfactory professional conduct.
The tribunal also found MAB engaged in professional misconduct when he violated a protection order by sending “forceful” messages to his ex-wife and calling her in a manner that was verbally abusive.
MAB accepted the characterisation of the charge.
“The professional consequences of the respondent’s inappropriate communications with his former wife crystallised the fact that any form of domestic and family violence both engages and is inconsistent with professional standards,” the tribunal said.
MAB was ordered to pay a $2,500 pecuniary penalty and costs.
Citation: Legal Services Commissioner v MAB [2026] QCAT 108.
