Sue Machelle JOHNSTON

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

Ms Johnston, sole director of incorporated legal practice SJ Law Pty Ltd, faced eleven charges before QCAT. She did not appear. The Tribunal found her guilty of unsatisfactory professional conduct regarding failure of competence and diligence in the Kilham conveyancing matter (including misrepresenting that settlement monies had been paid), and professional misconduct for failing to comply with eight s 443 notices and for numerous trust account breaches under the Legal Profession Act 2007 and Regulation. The Tribunal found she demonstrated a complete disregard for her professional obligations and was not a fit and proper person to practice. Her name was ordered removed from the local roll and she was ordered to pay the Commissioner's costs assessed on the Supreme Court scale. No express finding of dishonesty was made (conduct characterised as misrepresentation/lack of competence).

Duties found breached:

• Uphold public trust in the profession
• No conflict between current clients
• Segregate client money
• No improper use of client money
• Prompt accounting and return of money
• Competence
• Self-report to the regulator
• No baseless or threatened misconduct report
• Not misrepresent regulated status

Aggravating factors:

• Repeated failures over multiple complaints and matters
• Complete disregard for professional obligations
• Failure to respond to s 443 notices and to the disciplinary proceedings
• Failure to pay costs of the trust account investigations
• Numerous trust account deficiencies left outstanding and unresolved