MARTIN LAWRENCE BENNETT

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

The State Administrative Tribunal of WA determined a consent-order disciplinary application against solicitor Martin Lawrence Bennett. Despite the Tribunal expressing considerable misgivings and considering whether the Ground 1 conduct was reckless rather than grossly careless, it declined to find recklessness (a subjective state-of-mind test) and accepted the parties' agreed characterisation. There was no finding of dishonesty. The practitioner was found to have engaged in two counts of professional misconduct (grossly careless conduct concerning misuse of Protected Information subject to Tribunal Orders and breach of the Harman obligation) and one count of unsatisfactory professional conduct. He was publicly reprimanded, fined $23,000, and ordered to pay $12,500 costs.

Duties found breached:

• No baseless or threatened misconduct report

Aggravating factors:

• Extensive prior disciplinary history (1993, 2000, 2007, 2008, 2009 findings and fines)
• Conduct had potential to undermine public confidence in confidentiality of Tribunal documents and use of documents provided under compulsion
• Very experienced litigator who dismissed concerns twice raised by an experienced senior associate without confirming his view of the law

Mitigating factors:

• Self-notification to the Complaints Committee
• Genuine but mistaken/honest belief that use was permitted
• Sincere apologies made to the Tribunal and affected parties
• Remedial steps taken (firm no longer accepts guardianship matters; CPD seminar on Harman obligation)
• Agreed facts and consent orders reached with benefit of Senior Counsel advice