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Concerned about the circumstances in which an elderly woman came to bring proceedings against her superannuation provider, the Federal Court has referred a lawyer to the legal disciplinary boards in both Queensland and Tasmania.
The Queensland Legal Services Commission and the Legal Professional Board of Tasmania received material relating to Sean Clement McNally, who purported to practice out of Moreton Bay Law in Redcliffe and Storm Bay Law in Hobart.
Justice Michael O’Bryan of the Federal Court of Australia said this material raised a question as to whether McNally complied with his professional and ethical obligations as a lawyer.
This included obligations to act on his client’s instructions, maintain professional independency and integrity, act in his client’s best interests, and discharge his paramount duty to the Federal Court and the administration of justice.
“Whilst I make no findings about the conduct of McNally in relation to [the client] and this proceeding, McNally’s affidavit has not assuaged my concerns about his conduct.
“I consider that the material filed in the proceeding warrants investigation by the relevant regulatory bodies,” the judge said.
By originating application filed by McNally, his client sought orders against the trustee of her superannuation, BT Funds Management Limited, including a declaration that it had no lawful right to retain, restrict, or control funds beneficially owned by her.
The statement of claim, also prepared by McNally, alleged the client sought to transfer $358,405 from her BT Panorama Superannuation account to a Suncorp bank account, but those funds were returned to BT without authorisation.
At the first case management hearing, a Victoria Police detective senior constable (DSC) disclosed they were investigating alleged fraud against the client by a man known as JA McConvill. His father, who purported to work for an NDIS provider, came into contact with the client after she had a series of strokes.
According to police, McConvill became involved in her day-to-day activities and financial affairs, and had allegedly obtained approximately $300,000 from the client’s NAB account, and approximately $150,000 from her superannuation accounts.
McConvill was arrested by the financial crime squad in June.
The DSC also told the court that McNally was not authorised to receive trust monies and had allegedly issued an invoice to the client’s bank seeking payments for legal services. The invoice was purportedly sent from the Moreton Bay Law Firm.
McNally does not hold a practising certificate in Queensland, the DSC added, and the Moreton Bay address is an empty office space.
Preliminary analysis of McConvill’s phone allegedly showed constant messages between McConvill and McNally about the client’s finances, and a message a few days prior to the client’s affidavit being signed indicated McConvill had prepared it.
During this hearing, McNally informed the court his instructions were withdrawn, but he had not yet filed a notice of ceasing to act.
In an affidavit, ordered to be prepared by Justice O’Bryan, McNally said that a “Dr James McConvill” was his former employer at James McConvill & Associates between 2018 and 2021, and they had since “remained friends”.
McConvill had referred the client to McNally, he added.
Justice O’Bryan said there were serious questions as to whether the proceedings were commenced with the client’s knowledge.
He has stayed the proceedings until the court is satisfied that the client, acting freely and in sound mind, wishes to continue.
Citation: Hargreaves v BT Funds Management Limited [2026] FCA 1362.
