Sean Petrie Allen COUSINS

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

Sean Petrie Allen Cousins, a barrister, was found guilty of professional misconduct for being knowingly concerned in Chaste Corporation Pty Ltd's contraventions of ss 48 and 52 of the Trade Practices Act 1974 (Cth) between March 2000 and November 2001 (resale price maintenance and misleading/deceptive conduct in promoting the 'TRIMit' weight-loss product controlled by convicted conman Peter Foster). The respondent conceded professional misconduct but sought to minimise his role; the Tribunal rejected parts of his evidence as dishonest. Finding him currently unfit to practise, the Tribunal ordered his name removed from the local roll and that he pay the applicant's costs (amount unspecified). The earlier Federal Court had separately imposed a $100,000 pecuniary penalty and $25,000 costs, but these were not part of the Tribunal's orders.

Duties found breached:

• Fair dealing with unrepresented parties
• Personal probity and fitness to practise
• Report serious misconduct of others
• No baseless or threatened misconduct report

Aggravating factors:

• Serious character flaw beyond a mere error of judgment
• Deliberate concealment of convicted conman Peter Foster's involvement from area managers and the public
• Deliberately deceiving television personality Kerri-Anne Kennerley
• Lack of insight into his professional misconduct
• Attempting to retreat from and controvert concessions made in the Federal Court joint submissions
• Lack of candour and blaming others / painting himself as victim
• Giving dishonest evidence before the Tribunal (about statements at the launch and extent of his involvement)

Mitigating factors:

• Nearly ten years of unblemished practice before the events
• Promptly notified the Bar Association of the Federal Court outcome
• No disciplinary charges concerning conduct since November 2001
• Valuable community and charitable work, including a drug rehabilitation program
• Positive character references attesting to diligence, competence and good character
• Personal difficulties at the time (marital breakdown, heart attack, anxiety/depression)