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A solicitor was reprimanded over his failure to disclose a number of traffic violations to the Queensland Law Society, with a tribunal finding the conduct “goes to the very heart” of the ability to practise.
Image: Gold Coast District Law Association
Benjamin Joseph O’Brien, a lawyer with HW Litigation, was found to have engaged in professional misconduct when he failed to disclose a “suitability matter” to the law society and made false declarations on a 2021 and 2022 application to renew his practising certificate.
While the suitability matters concerned traffic violations in March 2021 and March 2022, the Queensland Law Society said O’Brien should have disclosed both infringements in light of his shocking driving history between June 2015 and April 2019.
In that period, O’Brien exceeded the speed limit four times and was twice caught using a handheld mobile phone while driving. O’Brien was subjected to a one-year good behaviour bond that was breached a month later, resulting in the loss of his driver’s licence.
As a result of this history, the Queensland Law Society renewed O’Brien’s practising certificate in August 2018 on the condition that he complete the next available ethics course. The conduct that is the subject of the current disciplinary proceedings occurred afterwards.
Justice Frances Williams and two panel members of the Queensland Civil and Administrative Tribunal said that making false declarations is conduct that “goes to the integrity” of the practitioner and involves a “significant departure” from accepted standards of competence.
“A failure to declare a suitability matter and making false declarations as to a suitability matter as part of an application to renew a practising certificate is serious,” Justice Williams said.
“It goes to the very heart of the regulatory regime and the ability of a legal practitioner to practise as a solicitor.”
The tribunal said a failure to disclose and make false declarations impacts the ability of the law society to make a proper assessment of whether O’Brien was a fit and proper person to practise.
In addition to the reprimand and professional misconduct finding, O’Brien was ordered to complete an ethics course, pay costs of the Legal Services Board, and was fined $4000.
On the latter, Justice Wiliams said this amount would convey to the legal profession and the community “that this type of conduct is inappropriate”.
“The amount reflects the seriousness of the finding of professional misconduct, takes into account the particular conduct of the respondent, meets the objective of general and specific deterrence, and takes into considerations of totality,” Justice Williams said.
The case: Legal Services Commissioner v O’Brien [2025] QCAT 190 (17 June 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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