Sean Petrie Allen COUSINS

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

The respondent barrister was found guilty of professional misconduct for being knowingly concerned in Chaste Corporation's contraventions of ss 48 and 52 of the Trade Practices Act 1974 (Cth) between 2000 and 2001, involving resale price maintenance and misleading/deceptive conduct while acting as legal adviser and CEO. He deliberately concealed convicted conman Peter Foster's involvement. Though the misconduct occurred years earlier, the Tribunal found the respondent presently unfit to practise, particularly given his post-2001 conduct: attempting to retreat from admissions made in Federal Court joint submissions, lack of insight, blaming others, and giving dishonest evidence before the Tribunal. His name was ordered removed from the roll and he was ordered to pay costs. (A Federal Court had earlier imposed a $100,000 pecuniary penalty and $25,000 costs against him.)

Duties found breached:

• Personal probity and fitness to practise
• Report serious misconduct of others
• No baseless or threatened misconduct report

Aggravating factors:

• Deliberately concealed convicted conman Peter Foster's involvement from area managers and the public
• Deliberately deceived a TV personality (Kerri-Anne Kennerley) about Foster's involvement
• Continued to act for the corporation after knowing it was breaching the resale price maintenance provisions
• Lack of insight, blaming others and portraying himself as a victim
• Attempted to retreat from and controvert admissions made in joint submissions to the Federal Court
• Gave dishonest evidence before the Tribunal regarding statements at the launch and his ongoing involvement

Mitigating factors:

• Almost ten years of prior practice without disciplinary issues
• Promptly notified the Bar Association of the Federal Court outcome
• Competent criminal lawyer with positive community and charitable involvement
• Character references attesting to good character and diligence
• Personal difficulties at the relevant time including marital breakdown, coming to terms with sexuality, heart attack, and anxiety/depression
• No disciplinary charges relating to conduct since November 2001