Decision record
JOHN HENRY REYBURN
Allegation / charges
Unprofessional Conduct
Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision
The State Administrative Tribunal found solicitor John Henry Reyburn guilty of unprofessional conduct on two counts arising from the sale of a settlement agency business (Mandurah Settlement Services) to Ms Perich, an unlicensed person. The arrangement, involving a $10,000 'licensee fee', inevitably led to breaches of the Settlement Agents Act 1981 (s 26 and s 40(3)) by permitting Ms Perich to use the company's licence and carry on business unlicensed. Reyburn also gave grossly negligent legal advice that the licence problem could be overcome, in circumstances of conflicting financial interest and without recommending independent advice. The Tribunal expressly found the advice was NOT deliberately misleading; no finding of dishonesty was made. Penalty was deferred to a separate hearing.
Duties found breached:
Aggravating factors:
- Practitioner obtained a substantial monetary benefit from the transaction
- Conflict of interest - practitioner had a financial interest in the transaction on which he advised
- Ms Perich reasonably relied on him as a lawyer and principal of the company employing her
- Failed to recommend independent legal advice
Mitigating factors:
- Advice found not to be deliberately misleading
- No intention to bring about a breach of the law
- Some genuine belief that the arrangement complied with the Act (though unreasonable as to s 40(3))
Duties engaged
Other decisions involving this respondent
- VR 3 of 2017
- VR 206 of 2014
- Legal Profession Complaints Committee v Reyburn [2013] WASAT 128
- VR 10 of 2004
Matched by respondent name — may include a different person with the same name.