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discipline 3 October 2026
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Decision record

Edward Pene

JurisdictionAustralia — Queensland
BodyLegal Services Commission (Queensland) (LSC-QLD)
Professionsolicitor
Date23/09/2021
HearingQueensland Civil and Administrative Tribunal
OutcomeSuspended

Allegation / charges

In respect of Charge 4, there is a finding that the Respondent engaged in professional misconduct. In respect of each of Charges 2, 3 and 5, there is a finding that the Respondent engaged in unsatisfactory professional conduct.

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

SanctionSuspension
Suspension36 months
Dishonesty foundNo

Edward Ratahi Pene, a sole practitioner, failed to lodge external examiner's reports (Charges 2, 3, 5) and continued to engage in legal practice for about a month after his practising certificate expired on 30 June 2019, despite repeated QLS directions to stop (Charge 4). QCAT found Charge 4 amounted to professional misconduct and Charges 2, 3 and 5 to unsatisfactory professional conduct. No dishonesty was found. He was effectively suspended by an order that a practising certificate not be granted before three years from 1 July 2019, with further restrictions on obtaining a principal certificate, mandatory remedial courses, and an order to pay the Commissioner's standard costs.

Duties found breached:

Aggravating factors:

  • Repeatedly told by QLS in clear terms to cease practising immediately, but persisted for about a month
  • Continued practising while simultaneously engaging with QLS about not holding a certificate
  • Exposed clients to risk by practising without valid professional indemnity insurance
  • Persistence reflecting on capacity to make sound judgments

Mitigating factors:

  • No prior disciplinary history in Queensland
  • Full admission of the charges and appropriate concessions
  • Deep remorse and contrition
  • Significant financial, family and health stressors at the relevant time that clouded his judgment
  • Conduct limited to a relatively short period and only two conveyancing files

Duties engaged

Documents

Source: https://www.lsc.qld.gov.au/queensland-discipline-register