Peter Curtiss BEVAN

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

A family law solicitor misled the Federal Magistrates Court by explaining his client's non-appearance via a medical account while omitting to disclose that he had advised her not to appear. The Tribunal (Justice Carmody) found he knowingly and intentionally created a false impression, amounting to professional misconduct under s 419. It characterised the conduct as dishonest but at the lower end of the scale. He was publicly reprimanded, fined $6,000 (payable within 90 days) and ordered to pay the Commissioner's costs on the standard basis within 30 days.

Duties found breached:

• Not mislead the court
• No improper communication with the court
• No baseless or threatened misconduct report

Aggravating factors:

• Intentional/knowing misleading of the court
• Three prior disciplinary appearances - not an otherwise blameless record
• Ample opportunity to correct the omission but failed to do so
• Breach of duty of candour as an officer of the court

Mitigating factors:

• Early admission of facts and concession of professional misconduct
• Immediate apology, remorse and embarrassment at the time
• Medical condition that at least partly motivated the misconduct
• Dishonest behaviour appeared out of character
• Conduct at lower end of the scale - gross error of judgment rather than elaborate subterfuge