Michael William Kemp

Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision

The Legal Services Commissioner brought two combined proceedings against solicitor Michael William Kemp, who did not appear. The Tribunal found professional misconduct for continuing to advertise and hold himself out as entitled to practise after his practising certificate was cancelled (requiring the QLS to obtain a Supreme Court injunction), and for failing to remit compulsory superannuation contributions for six former employees (totalling $291,572), which it described as analogous to a breach of trust. It found unsatisfactory professional conduct on four further charges relating to unauthorised billing, failure to provide a costs statement, and delay. No express finding of dishonesty was made. The Tribunal recommended removal from the local roll, ordered a public reprimand, refused a non-publication order (medical evidence being thin and dated), made a $7,500 compensation order in favour of former employee Ms Truong, and ordered Kemp to pay costs of both proceedings including the Commissioner's and complainant's costs.

Duties found breached:

• No baseless or threatened misconduct report
• Good faith and courtesy to colleagues

Aggravating factors:

• Sustained/protracted course of conduct
• Flagrant disregard for lawful actions of the QLS regulator, requiring an injunction
• Failure to remit superannuation for six employees totalling $291,572, akin to breach of trust
• Harm to clients and employees
• Failure to participate in the hearing or provide explanations

Mitigating factors:

• Co-operation in admitting conduct in 2023 proceeding and contextual matters in 2024 proceedings
• Self-reported mental health deterioration commencing 2020
• Public shaming/adverse publicity already suffered
• Other positive contributions to the community

⚠ figures not found verbatim in the source were dropped: ["review_dishonesty_finding_cue_present"]