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JOHN HENRY REYBURN

JurisdictionAustralia — Western Australia
BodyLegal Practice Board of Western Australia (LPBWA)
Professionlawyer — PO Box 231 MANDURAH WA 6210
Case numberLegal Profession Complaints Committee v Reyburn [2013] WASAT 128
Date23 July 2013
HearingState Administrative Tribunal
OutcomeProfessional Misconduct and Unsatisfactory Professional Conduct

Allegation / charges

Professional Misconduct and Unsatisfactory Professional Conduct

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

SanctionReprimand
FineAUD 2,000
CostsAUD 8,000
Dishonesty foundNo

The State Administrative Tribunal found legal practitioner John Henry Reyburn guilty of professional misconduct (failing to maintain reasonable competence and diligence in a will/estate matter) and unsatisfactory professional conduct (failing to respond to Supreme Court correspondence). The parties agreed findings and largely agreed penalty. The contested issue was whether a condition should preclude him from all Family Provision Act work. The Tribunal declined a blanket condition but imposed a condition requiring him to brief counsel in contested FP Act proceedings. He was reprimanded twice, ordered to pay $19,182.11 compensation to the client, a $2,000 fine, and $8,000 costs, with conditions on his practising certificate. No dishonesty was found.

Duties found breached:

Aggravating factors:

  • Misconduct related to significant estate with residuary beneficiary client at risk of costs
  • Failure to advise client and respond to siblings' correspondence over an extended period
  • FP Act incompetence was a significant and essential part of the misconduct

Mitigating factors:

  • Misconduct occurred in context of matter with which practitioner was unfamiliar (contested probate involving two wills)
  • Positive character references including from senior counsel about his competence in settlement advice
  • Admissions and agreement on findings and penalty
  • History of assisting elderly and disadvantaged members of the community

Duties engaged

Other decisions involving this respondent

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Documents

Source: https://www.lpbwa.org.au/getmedia/e88f5464-6f25-45e2-b150-f9c594dd81c1/register_of_disciplinary_action.pdf