TOMAS MIJATOVIC

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

The Full Bench of the Supreme Court of WA struck Tomas Mijatovic off the Roll of Practitioners following the SAT's findings on three charges of unprofessional conduct: failing to protect a client's interests and dishonestly concealing a costs agreement, grossly overcharging (aggravated by dishonest overstatement of work and fabricated records), and improperly communicating with a judicial officer. The court expressly found dishonesty and that the practitioner was not a fit and proper person. He consented to the orders and did not appear. He was ordered to pay costs, with the assessment method left for submissions.

Duties found breached:

• No improper communication with the court
• Fair, reasonable and lawful fees
• No conflict between current clients

Aggravating factors:

• Dishonesty in concealing costs agreement
• Dishonest overstatement of work done and reliance on fabricated records during Tribunal proceedings
• Taking advantage of a vulnerable client to advance own interests
• Conduct occurred over a prolonged period (about 10 months)
• Demonstrated lack of comprehension of proper standards of professional conduct

Mitigating factors:

• Practitioner unreservedly apologised to the Committee, the client and family, and the legal profession
• Consented to the orders sought