Decision record
KEVIN COLIN BENEDICT STAFFA
Allegation / charges
Professional Misconduct and Unsatisfactory Professional Conduct
Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision
The State Administrative Tribunal (WA) found legal practitioner Kevin Colin Benedict Staffa guilty of professional misconduct on Grounds 1, 3 and 4 and unsatisfactory professional conduct on Ground 2. The conduct arose from acting in a conflict of interest between a company and its former managing director (W), billing the wrong party, advising W to transfer company funds to his own account without authority, and - most seriously - failing to be open and candid with the Legal Profession Complaints Committee by knowingly making a false statement intended to mislead it. The Tribunal found he knew his statement was false and intended to mislead the Committee, reflecting a lack of honesty and integrity. At the penalty stage the Tribunal held this character deficiency could not be remedied by suspension and resolved to make and transmit a report to the Supreme Court (full bench) recommending his name be removed from the roll, suspended his practising certificate pending that determination, and ordered him to pay agreed costs of $58,000 to the Legal Practice Board.
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/intentional misleading of the regulatory body (Ground 4)
- Lack of insight and failure to appreciate the impropriety of his conduct
- Absence of remorse; disingenuous evidence given to the Tribunal to explain away the false statement
- Very experienced practitioner (admitted 1978) who should have known his obligations
- Prior disciplinary finding of unsatisfactory professional conduct in 2011
- Failure to offer to return fees wrongly paid by the Australian Company
- Conduct persisted over a period of time rather than being a one-off event
Mitigating factors:
- Long career (over 40 years) with generally satisfactory practice and only one prior disciplinary matter
- Prior good standing and favourable personal antecedents (child migrant background, army service)
- Positive references attesting to being hardworking, competent and of good repute
- History of pro bono legal work
- Stated intention to retire from practice on 30 June 2021 and not taking new instructions
Duties engaged
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