Decision record
Mark Ian GREGORY
Allegation / charges
Guilty of unsatisfactory professional conduct on 1 charge. Guilty of professional misconduct on 10 charges.
Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision
The respondent solicitor faced eleven charges: ten arising from failures to respond to Queensland Law Society requirements and notices concerning complaints (found to be professional misconduct), and one (charge 1) for breaching an undertaking given to a court in his personal capacity while a witness (characterised as unsatisfactory professional conduct, distinguished from Zaghini/McColm because the undertaking was personal). No dishonesty was found; the breach was treated as an oversight. Mullins J publicly reprimanded the respondent, imposed a $5,000 penalty, ordered $2,500 costs, and imposed conditions including a practice management course, a 12-month mentor, practice-improvement expert advice, and psychological counselling with reporting requirements.
Duties found breached:
Aggravating factors:
- Failures spanned 2004-2006 involving three separate complainants and continued disregard of the discipline process
- Contributed to delay in resolving the disciplinary proceeding
Mitigating factors:
- Did not contest the charges and cooperated via a statement of agreed facts
- Eventually complied with outstanding QLS requirements after engaging solicitors
- Breach of undertaking was an oversight, not deliberate, and caused no loss to others
- Personal stress, work overload as sole practitioner, and personal matters affecting him
- Positive references and acknowledgement of commitment to practice and clients
- Willingness to accept supervision, mentoring and counselling conditions
- Applicant did not contend he was unfit to practise
Duties engaged
Documents
Source: https://www.lsc.qld.gov.au/queensland-discipline-register