MARTIN LEE SEGLER

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

The State Administrative Tribunal of WA found legal practitioner Martin Lee Segler guilty of professional misconduct on four bases: failing to pay trust money into a trust account (six instances), intentionally misleading the Family Court, substantially failing to maintain competence and diligence in the Glusica matter (resulting in default judgment against his client), and failing to respond to the Committee's enquiries and summonses. Other allegations were not made out. The Tribunal found he intentionally misled the Court, going to the heart of a practitioner's duty of honesty and candour, and concluded he may not be a fit and proper person to remain in practice. It made and transmitted a report to the Supreme Court (full bench) recommending removal from the Roll, and ordered him to pay costs of AUD 18,790.60. No fine or suspension was imposed as he held no practising certificate.

Duties found breached:

• Not mislead the court
• Uphold public trust in the profession
• Complaints procedure and handling
• Competence

Aggravating factors:

• Sustained course of conduct over several years
• Disturbing repetition of behaviour, particularly attitude towards the Court (prior findings including previously misleading the Court in Segler [2010])
• Intentionally misleading the Court going to the heart of duty as officer of the court
• Lack of insight; denied the gravamen of the misleading conduct throughout proceedings
• Second occasion of neglecting a client's interests

Mitigating factors:

• Ill health and personal/financial difficulties at the relevant time
• No misappropriation of client money and no failure to ultimately account for it
• Expressed contrition and acknowledged seriousness after publication of reasons
• Loss of livelihood following closure of practice; no longer holds a practising certificate
• 30 years of practice