BARRY MICHAEL RICHARDSON

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

The Legal Practitioners Complaints Committee brought two disciplinary actions against Barry Michael Richardson, who admitted converting $950 of client funds received on account of costs to his own use without doing significant work, failing to deposit $1150 into trust, and failing to respond to a law complaints officer request and summons. The Tribunal declined to refer the matter to the Supreme Court full bench for permanent disbarment, considering that disproportionate given his depressive illness and undertaking never to practise again. It found unprofessional and unsatisfactory conduct but made no express finding of dishonesty. He was suspended for two years (the maximum available), no fine was imposed due to inability to pay, and he was ordered to pay $4000 costs.

Duties found breached:

• Uphold public trust in the profession
• No improper use of client money

Aggravating factors:

• Cash sums requested and handed over in unsatisfactory circumstances, including handover in a street outside the office
• No work done or planned; failure to refund the moneys
• Prior 2006 disciplinary finding involving overcharging, failure to serve bill of costs, failure to respond to Committee, resulting in a $3000 fine and one-year suspension

Mitigating factors:

• Practitioner admitted the allegations
• Suffered from a Major Depressive Disorder at material times per psychiatric report
• Demonstrated incapacity to pay (reliant on Commonwealth pension)
• Recognised he should not practise again and gave an undertaking not to practise law

⚠ figures not found verbatim in the source were dropped: ["unverified_suspension_months=24"]