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KELVIN KA CHUEN TANG

JurisdictionAustralia — Western Australia
BodyLegal Practice Board of Western Australia (LPBWA)
Professionlawyer — Suite 2 191 James Street NORTHBRIDGE WA, 6003
Case numberLegal Profession Complaints Committee v Tang [2022] WASC
Date17 June 2022
HearingSupreme Court of WA
OutcomeStruck Off the Roll of Practitioners

Allegation / charges

Struck Off the Roll of Practitioners

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

SanctionStrike Off
Dishonesty foundYes

Kelvin Ka Chuen Tang, a sole legal practitioner, was found by the State Administrative Tribunal to have engaged in professional misconduct in two respects: first, soliciting a $12,500 cash secret commission (kickback) from an engineer engaged by his client TFC, in breach of fiduciary duties and involving serious dishonesty; and second, intentionally misleading the Legal Profession Complaints Committee by falsely denying involvement in the payment and failing to correct the false statements for nine months. The Full Bench of the Supreme Court of WA found Tang permanently or indefinitely unfit to practice, and ordered his name removed from the roll of practitioners to protect the public and maintain the profession's reputation. The Committee did not press for costs.

Duties found breached:

Aggravating factors:

  • Serious dishonesty in soliciting the kickback
  • Actively lied to the Committee to cover up the conduct and obstruct investigation
  • Failed to correct false statements for nine months until presented with irrefutable documentary evidence
  • Serious breach of fiduciary obligations to client

Mitigating factors:

  • Genuine remorse and insight (given little weight as only shown after documentary evidence presented)
  • Record of pro bono and community work
  • Competence and valued legal services, including Cantonese and Mandarin language skills
  • Personal circumstances including acrimonious marriage breakup and financial stress (found not to excuse the conduct)
  • Appearance and unqualified apology to the court

Duties engaged

Other decisions involving this respondent

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Documents

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