Habib Abraham MELLICK

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

Mr Mellick was found to have engaged in professional misconduct for failing to progress his clients' civil claim, making false representations that the matter was progressing/finalised, and failing to comply with a Commissioner's notice. Although the Commissioner sought removal from the roll and characterised the conduct as dishonest, the Tribunal did not make an express finding of dishonesty and was satisfied that removal was unnecessary to protect the public given his psychological explanation, remorse, remedial steps and payment of compensation. The Tribunal imposed a public reprimand, a $1,500 fine, a 12-month supervision regime, liberty to apply, and costs on the standard basis.

Duties found breached:

• Keep client informed and respond promptly
• Advise on alternatives, settlement and outcome
• No baseless or threatened misconduct report

Aggravating factors:

• Repeat conduct - previously disciplined in 2012 for very similar conduct (delay and misrepresenting position to clients)
• Knew no proceedings had been instituted when making representations to clients

Mitigating factors:

• Admitted all allegations at an early stage and agreed statement of facts
• Cooperation, candour and frankness with the Tribunal
• Depression/burnout explaining (though not excusing) the conduct
• Genuine remorse
• Paid approximately $20,000 compensation to clients and waived legal fees
• Steps taken to restructure practice and lifestyle to prevent recurrence
• Long career since 1987 with only two complaints
• Significant community and professional involvement