JOHN HENRY REYBURN

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

The WA State Administrative Tribunal found solicitor John Henry Reyburn guilty of unprofessional conduct on two counts arising from the sale of a settlement agency business (Mandurah Settlement Services) to an unlicensed employee, Ms Perich. He entered a contract that inevitably breached s 40(3) (permitting use of the company's licence) and gave grossly negligent legal advice that the licensing problem could be overcome by Perich paying a fee to use Mandurah Investments' licence while being described as 'manager'. The Tribunal expressly found the advice was NOT deliberately misleading (no dishonesty), but was grossly negligent and given in a conflict of interest without recommending independent advice. Both allegations established; penalty deferred to a separate hearing.

Duties found breached:

• No taking unfair advantage
• Honour professional undertakings
• No improper solicitation or touting

Aggravating factors:

• Practitioner had a substantial financial interest in the transaction
• Ms Perich reasonably relied on him as a lawyer/principal of the co-located firm
• Advice induced her to enter the contract to her potential detriment
• Failed to recommend she obtain independent legal advice

Mitigating factors:

• Advice found not to be deliberately misleading (no intention to mislead)
• Agreement was not a sham; practitioner may have genuinely believed the arrangement complied with s 26