Decision record
Sue Machelle JOHNSTON
Allegation / charges
Guilty of professional misconduct on 9 charges. Guilty of unsatisfactory professional misconduct on 2 charges.
Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision
The Legal Services Commissioner brought eleven charges against solicitor Suzanne Machelle Johnston relating to failure to exercise competence and diligence and a misrepresentation in the Kilham conveyancing matter, failure to comply with eight s 443 notices, and numerous trust account breaches by her incorporated practice SJ Law Pty Ltd. Ms Johnston did not respond or appear. The Tribunal found unsatisfactory professional conduct in the Kilham/competence matter and professional misconduct for the s 443 non-compliance and the trust account breaches. Although the Tribunal found she misrepresented the position to her clients, it made no express finding of dishonesty. Concluding she was not a fit and proper person to practice, the Tribunal ordered her name removed from the roll and ordered her to pay the Commissioner's costs assessed on the Supreme Court scale.
Duties found breached:
- Uphold public trust in the profession
- No improper use of client money
- Accounting records, reconciliation and reports
- No baseless or threatened misconduct report
Aggravating factors:
- Repeated failures across multiple matters
- Complete disregard for professional obligations
- Failure to respond to s 443 notices and to the disciplinary proceedings, showing lack of insight
- No appearance at hearing
Duties engaged
Documents
Source: https://www.lsc.qld.gov.au/queensland-discipline-register