KEVIN COLIN BENEDICT STAFFA

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

The State Administrative Tribunal of WA found practitioner Kevin Colin Benedict Staffa guilty of professional misconduct on three grounds and unsatisfactory professional conduct on one. He acted in a clear conflict of interest (acting for both an Australian company and its former managing director W with adverse interests), billed the company for work done for W personally, advised W to transfer $378,000 belonging to the company into W's own account without authority, and was not open and candid with the Legal Profession Complaints Committee, making a false statement he knew to be false and intending to mislead the Committee. The Tribunal expressly found a lack of honesty and integrity in relation to Ground 4. On penalty, the Tribunal resolved to make and transmit a report to the Supreme Court (full bench) recommending removal of his name from the roll, suspended his practising certificate pending determination, and ordered him to pay agreed costs of $58,000.

Duties found breached:

• No conflict between current clients
• No improper use of client money
• Prompt accounting and return of money
• No baseless or threatened misconduct report

Aggravating factors:

• Deliberate intention to mislead the Legal Profession Complaints Committee, displaying lack of honesty and integrity
• Lack of insight and remorse; disingenuous evidence attempting to explain away his false statement
• Very experienced practitioner (admitted 1978)
• Prior disciplinary finding of unsatisfactory professional conduct in 2011
• Failure to offer to return fees wrongly billed to and paid by the Australian Company
• Conduct persisted over a period of time rather than being a one-off event

Mitigating factors:

• Long period (over 40 years) of largely satisfactory practice
• History of pro bono legal work
• Only one prior disciplinary matter
• Favourable personal antecedents and difficult early life circumstances
• Positive character references attesting to diligence and competence
• Stated intention to retire from practice on 30 June 2021