§ discipline
‹ Browse decisions

BARRY MICHAEL RICHARDSON

JurisdictionAustralia — Western Australia
BodyLegal Practice Board of Western Australia (LPBWA)
Professionlawyer — PO Box 973 INGLEWOOD WA 6932
Case numberLegal Practitioners Complaints Committee v Richardson [2006] WASAT 251
Date24 August 2006
HearingState Administrative Tribunal
OutcomeUnprofessional Conduct and Suspended

Allegation / charges

Unprofessional Conduct and Suspended

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

SanctionSuspension
FineAUD 3,000
CostsAUD 2,904
Dishonesty foundNo

Sole practitioner Barry Richardson acted for a client in family law proceedings, receiving $5000 into trust. He transferred $4828 to his office account without serving bills of costs on the client, and failed to respond to enquiries from the client's new solicitor and the Legal Practitioners Complaints Committee. He evaded service and did not appear at the Tribunal. The Tribunal found unprofessional conduct on both complaints. The Committee expressly did not allege dishonesty/fabrication of invoices, only failure to serve them, so no dishonesty finding was made. He was fined $3000 for the trust breach, ordered to repay $1040 to the client, ordered to pay $2904 costs, and suspended from practice for one year for failing to respond to the disciplinary body (aggravated by his conduct in the proceedings).

Duties found breached:

Aggravating factors:

  • Failure to respond to the client's new solicitor's requests to account for trust monies
  • Failure to offer any explanation or respond to the Tribunal proceedings
  • Actively evading service and avoiding involvement in the proceedings
  • Deprived client of the opportunity to seek taxation of accounts

Mitigating factors:

  • Committee alleged only failure to serve invoices, not fabrication of them
  • Admission through solicitors that he had no good excuse for failing to respond
  • Ordered reimbursement based on unchallenged reasonable costs assessment

⚠ figures not found verbatim in the source were dropped: ["unverified_suspension_months=12"]

Duties engaged

Other decisions involving this respondent

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