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BRIAN CHARLES GLUESTEIN

JurisdictionAustralia — Western Australia
BodyLegal Practice Board of Western Australia (LPBWA)
Professionlawyer — PO Box Z5006 PERTH WA 6851
Case numberLegal Practitioners Complaints Committee v Gluestein [2007] WASAT 120
Date14 May 2007
HearingState Administrative Tribunal
OutcomeUnprofessional Conduct

Allegation / charges

Unprofessional Conduct

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

SanctionFine
Dishonesty foundNo

Legal practitioner Brian Charles Gluestein admitted two counts of unsatisfactory conduct: neglect in administering a deceased estate over two years, and failing to timely rectify a trust account deficiency after nearly $66,000 was wrongly credited to another estate. The WA State Administrative Tribunal, emphasising protection of the public and maintenance of standards rather than punishment, imposed fines of $6000 and $8000 plus costs of $1500 in each matter. No dishonesty was found. The Tribunal declined a non-publication order despite his recent appointment as a Magistrate.

Duties found breached:

Aggravating factors:

  • Delay of over two years brought to an end only by Complaints Committee intervention
  • Failure to rectify trust deficiency promptly even after being alerted and requested to do so
  • Wrongly banked $65,956.99 to another estate; repaid funds again credited to wrong estate

Mitigating factors:

  • Admitted the allegations
  • Prior unblemished record over long career (admitted 1976)
  • Active involvement in professional affairs (Law Society, Family Law Practitioners' Association)
  • Personally reimbursed the deficiency of approximately $24,000
  • Genuine embarrassment and remorse
  • Appointed a Magistrate in February 2007

⚠ figures not found verbatim in the source were dropped: ["unverified_fine_amount=14000", "unverified_costs_amount=3000"]

Duties engaged

Other decisions involving this respondent

  • VR 200 of 2007 2007-11-12 · LPBWA · Australia — Western Australia · Unsatisfactory Conduct by undue delay or neglect
  • VR 198 of 2007 2007-11-12 · LPBWA · Australia — Western Australia · Unsatisfactory Conduct
  • VR 199 of 2007 2007-11-12 · LPBWA · Australia — Western Australia · Unsatisfactory Conduct by Unprofessional Conduct

Matched by respondent name — may include a different person with the same name.

Documents

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