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GRAEME JOHN BOSTOCK

JurisdictionAustralia — Western Australia
BodyLegal Practice Board of Western Australia (LPBWA)
Professionlawyer — PO Box 200 VICTORIA PARK WA 6979
Case numberLegal Services and Complaints Committee v Bostock [2022] WASAT 100
Date17 November 2022
HearingState Administrative Triubnal
OutcomeProfessional Misconduct and Unsatisfactory Professional Conduct. Reprimand and Fine

Allegation / charges

Professional Misconduct and Unsatisfactory Professional Conduct. Reprimand and Fine

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

SanctionFine
FineAUD 5,000
CostsAUD 5,000
Dishonesty foundNo

Long-admitted WA practitioner acting in administration of two estates for a longstanding client family engaged in one count of professional misconduct and four counts of unsatisfactory professional conduct, essentially failures of competence and diligence: delays in finalising estate administration, improper interim distributions, failure to give costs disclosure, improper withdrawal of trust monies to pay invoices, and failure to respond to instructions/correspondence. No dishonesty was found and the tribunal expressly noted none was involved. On agreed consent orders under the (repealed) LP Act, the Tribunal reprimanded the practitioner, imposed a $5,000 fine and $5,000 costs, noting the practitioner had retired and given an undertaking not to practise, which the Tribunal considered at the upper end of the appropriate range given the absence of dishonesty.

Duties found breached:

Aggravating factors:

  • Conduct extended over a lengthy period (2013-2018)
  • Repeated failures to respond to correspondence and requests for information
  • Late lodgment of multiple tax returns resulting in ATO penalties and interest

Mitigating factors:

  • No dishonesty involved
  • No intention of personal advantage
  • Very long history (over 30 years) of acting for the clients without complaint
  • Voluntary retirement from practice and undertaking not to practise, providing considerable protection to the public
  • Represented by senior counsel; agreed facts and consent orders
  • No specific deterrence required

Duties engaged

Documents

Source: https://www.lpbwa.org.au/getmedia/e88f5464-6f25-45e2-b150-f9c594dd81c1/register_of_disciplinary_action.pdf