MARK ANTHONY DETATA

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

Mark Anthony Detata, an employed solicitor, gave an unequivocal undertaking to another practitioner not to release funds held in the firm's trust account (from a $190,000 payment) absent agreement between Mrs Demiroski and Mr Faulds or court order. After $75,000 was released with Mr Faulds' agreement, Detata authorised payment of the balance (approximately $115,000) to Mrs Demiroski without notifying or obtaining agreement from Mr Faulds, in breach of the undertaking. The State Administrative Tribunal found professional misconduct (on a reckless rather than deliberate basis), reprimanded him, imposed a 2-year supervision condition, and ordered $10,000 costs. The Legal Profession Complaints Committee appealed the penalty. The Court of Appeal refused leave on ground 1 but granted leave on ground 2, holding the penalty was manifestly inadequate (the supervision condition served no purpose and the effective penalty was merely a reprimand). It set aside the penalty (but not costs) and imposed a $10,000 fine. No express finding of dishonesty was made; the case proceeded on the basis of recklessness.

Duties found breached:

• Uphold public trust in the profession
• Honour professional undertakings

Aggravating factors:

• Undertaking involved a substantial amount of funds ($190,000)
• Undertaking was of clear importance to the party to whom it was proffered (Mr Faulds' security for a civil claim)
• Undertaking proffered to obtain a sentencing benefit for the client, then breached once that benefit was obtained
• Breached without reasonable justification or excuse
• No remorse; denied misconduct and gave an explanation providing no reasonable justification

Mitigating factors:

• Previous good record
• No evidence the practitioner gained personally from his conduct
• Breach treated as reckless rather than deliberate/wilful