Decision record
Stephen Joseph HOOLIHAN
Allegation / charges
Guilty of professional misconduct on 21 charges Guilty of unsatisfactory professional conduct on 3 charges
Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision
The respondent solicitor faced 24 charges (three discontinued) and was found guilty of 21 instances of professional misconduct and three of unsatisfactory professional conduct. Conduct included repeated dishonesty toward clients, deceitfully purchasing a client's land below market value, misappropriating handling of trust funds, failing to progress claims allowing them to become statute barred, and repeatedly ignoring Law Society and Legal Services Commissioner notices. Given his prior disciplinary history and the seriousness of the dishonesty, the Tribunal ordered he be struck off the local roll and pay the applicant's costs.
Duties found breached:
- No taking unfair advantage
- Not mislead third parties or opponents
- No conflict between current clients
- Prompt accounting and return of money
- Accounting records, reconciliation and reports
- Self-report to the regulator
- Truthful, non-misleading advertising
Aggravating factors:
- Prior disciplinary history (1997 and 2001 findings of professional misconduct on similar matters)
- Serious, repeated and persistent failures over many years
- Multiple instances of active dishonesty and deceit
- Ignored letters and notices on no fewer than nine occasions across six investigations
- Failure to respond to the discipline application, demonstrating abandonment of professional standards
- Contempt of court order for delivery of file
Mitigating factors:
- Advised the Law Society of his bankruptcy
Duties engaged
- Honesty
- No taking unfair advantage
- Not mislead third parties or opponents
- Keep client informed and respond promptly
- No conflict between current clients
- Prompt accounting and return of money
- Accounting records, reconciliation and reports
- Self-report to the regulator
- Truthful, non-misleading advertising
Documents
Source: https://www.lsc.qld.gov.au/queensland-discipline-register