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Edward Pene

JurisdictionAustralia — Queensland
BodyLegal Services Commission (Queensland) (LSC-QLD)
Professionsolicitor
Date23/09/2021
HearingQueensland Civil and Administrative Tribunal
OutcomeSuspended

Allegation / charges

In respect of Charge 4, there is a finding that the Respondent engaged in professional misconduct. In respect of each of Charges 2, 3 and 5, there is a finding that the Respondent engaged in unsatisfactory professional conduct.

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

SanctionSuspension
Dishonesty foundNo

Sole practitioner Pene practised for about a month (12 July - 16 August 2019) after his principal practising certificate expired on 30 June 2019, despite repeated QLS directions to cease immediately, and failed to lodge/submit required external examiner's reports. The Tribunal found professional misconduct for Charge 4 (practising without a certificate) and unsatisfactory professional conduct for Charges 2, 3 and 5. No express finding of dishonesty was made. He was effectively suspended by ordering that no practising certificate be granted before three years from 1 July 2019, with further restrictions on obtaining a principal certificate, mandatory remedial courses, and standard costs.

Duties found breached:

Aggravating factors:

  • Repeatedly told by QLS in clear terms to cease practising immediately and continued anyway
  • Persistence in practising without a certificate reflecting poor judgment
  • Exposed clients to risk by practising without valid professional indemnity insurance
  • Need for general deterrence

Mitigating factors:

  • No prior disciplinary history
  • Full admission of charges and particulars
  • Deep remorse and contrition
  • Financial and family stressors and health conditions clouding judgment
  • Relatively short period and only two files involved

⚠ figures not found verbatim in the source were dropped: ["unverified_suspension_months=36"]

Duties engaged

Documents

Source: https://www.lsc.qld.gov.au/queensland-discipline-register