Decision record
Drew Adrian KELLAHAN
Allegation / charges
Guilty of professional misconduct on 3 charges.
Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision
Solicitor Drew Kellahan was found to have committed professional misconduct on three charges: undertaking legal work for a private client while holding only a non-principal practicing certificate (without indemnity insurance), making a careless misleading representation about a trust account payment, and failing to respond to QLS notices for 7 months. Both parties agreed the conduct did not involve dishonesty or deceit. The Tribunal accepted a joint submission on penalty, imposing a public reprimand, a 3-year bar on holding a practicing certificate, supervision and ethics-retraining conditions on return, a $75,000 payment to the affected client, and $5,000 costs.
Duties found breached:
- No improper use of client money
- Diligence and timeliness
- Professional indemnity insurance
- Hold a current practising certificate
- No baseless or threatened misconduct report
Aggravating factors:
- Offending involved both ethical and organisational oversights
- Disregard and disrespect for legal governing bodies
Mitigating factors:
- Genuine but mistaken belief that his business relationship entitled him to act
- No deliberate dishonesty or deceit found
- Has not practiced law since May 2009 and holds no current practicing certificate
- No previous disciplinary findings
- Apologised and acknowledged delay
- Voluntarily agreed to repay $75,000 to Mr Newitt and had begun repayments
- Cooperated via agreed statement of facts and joint submissions
Duties engaged
Documents
Source: https://www.lsc.qld.gov.au/queensland-discipline-register