Decision record
Shaune Kerry Irving
Allegation / charges
Charges 1, 2 & 3 of disciplinary application 110/24 and 181/24 there is a finding of professional misconduct.
Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision
A junior lawyer admitted in 2018 engaged in serious criminal conduct between 2019 and 2020, including making false statutory declarations, supplying cocaine, defrauding clients of $15,500, money laundering, perjury before the CCC, and attempting to pervert justice. He pleaded guilty to all offences (receiving wholly suspended terms) and largely accepted the conduct amounted to professional misconduct and warranted removal from the roll. QCAT found professional misconduct on six charges and unsatisfactory professional conduct on the costs-disclosure charge. It expressly found dishonest misappropriation of client funds. The Tribunal found him permanently unfit to practise and recommended his name be removed from the local roll, with costs to be paid on the standard basis. Substantial mitigating evidence of PTSD from military service and rehabilitation was noted but he did not argue present fitness.
Duties found breached:
- Proper basis for allegations
- Cease acting on client perjury or disobedience
- No taking unfair advantage
- No conflict between current clients
- No improper use of client money
- No baseless or threatened misconduct report
- AML and crime-prevention compliance
Aggravating factors:
- Multiple serious offences over a protracted period
- Conduct going to the heart of the administration of justice
- Damaged the reputation of the profession
- Dishonest misappropriation of client funds
Mitigating factors:
- Full cooperation with the Commission's investigation and the proceeding
- Timely surrender of practising certificate
- Significant undiagnosed and untreated mental illness (chronic severe PTSD) from meritorious military service
- Excellent prospects of rehabilitation and ongoing psychiatric treatment
- Guilty pleas in criminal proceedings
- No intention of returning to legal practice
Duties engaged
- Proper basis for allegations
- Cease acting on client perjury or disobedience
- Honesty
- No taking unfair advantage
- No bribery or improper gifts
- Personal probity and fitness to practise
- No conflict between current clients
- No improper use of client money
- No baseless or threatened misconduct report
- AML and crime-prevention compliance
Documents
Source: https://www.lsc.qld.gov.au/queensland-discipline-register