Decision record
Edward Pene
Allegation / charges
In respect of Charge 4, there is a finding that the Respondent engaged in professional misconduct. In respect of each of Charges 2, 3 and 5, there is a finding that the Respondent engaged in unsatisfactory professional conduct.
Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision
Edward Ratahi Pene, a sole practitioner, failed to lodge external examiner's reports (Charges 2, 3, 5) and continued to engage in legal practice for about a month after his practising certificate expired on 30 June 2019, despite repeated QLS directions to stop (Charge 4). QCAT found Charge 4 amounted to professional misconduct and Charges 2, 3 and 5 to unsatisfactory professional conduct. No dishonesty was found. He was effectively suspended by an order that a practising certificate not be granted before three years from 1 July 2019, with further restrictions on obtaining a principal certificate, mandatory remedial courses, and an order to pay the Commissioner's standard costs.
Duties found breached:
Aggravating factors:
- Repeatedly told by QLS in clear terms to cease practising immediately, but persisted for about a month
- Continued practising while simultaneously engaging with QLS about not holding a certificate
- Exposed clients to risk by practising without valid professional indemnity insurance
- Persistence reflecting on capacity to make sound judgments
Mitigating factors:
- No prior disciplinary history in Queensland
- Full admission of the charges and appropriate concessions
- Deep remorse and contrition
- Significant financial, family and health stressors at the relevant time that clouded his judgment
- Conduct limited to a relatively short period and only two conveyancing files
Duties engaged
Documents
Source: https://www.lsc.qld.gov.au/queensland-discipline-register