Decision record
Robert Kenneth COCHRANE
Allegation / charges
Guilty of professional misconduct on 11 charges. Guilty of unsatisfactory professional conduct on 2 charges.
Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision
Solicitor Robert Cochrane faced 15 charges including eleven failures to comply with regulatory notices, misleading the Federal Magistrates Court, contempt of the Family Court, a trust account breach, and practising without a certificate. The Tribunal found the misleading-court charge not made out (no neglect/default alleged), found the notice defaults constituted professional misconduct, and found the contempt, trust breach and no-certificate matters to be unsatisfactory professional conduct. No dishonesty was found; the misconduct was linked to mental illness and stressors, not a character defect. He was publicly reprimanded, fined $7,500, ordered to pay $2,500 costs, restricted to supervised practice for three years, and subjected to mentoring orders.
Duties found breached:
- Uphold public trust in the profession
- Prompt accounting and return of money
- No baseless or threatened misconduct report
Aggravating factors:
- Multiple charges over an extended period (2005-2007)
- Serious professional misconduct in aggregate, indicative of unfitness at the time
- Delay of eight months to respond to one notice
Mitigating factors:
- Admissions of guilt to charges
- Misconduct related to mental illness (anxiety and depression) associated with work and personal stressors rather than character flaw
- Significant matrimonial and financial stressors including practice receivership
- Recovery through psychiatric/psychological treatment
- Contempt was not wilful, resulted from ignorance of law
- Trust account breach involved no defalcation, poor record keeping, or client loss
- Positive references from employer and satisfied clients
- No longer practising as principal; seeking only supervised employed practice
- Limited capacity to pay (fine would have been heavier otherwise)
Duties engaged
Documents
Source: https://www.lsc.qld.gov.au/queensland-discipline-register