Michael William Kemp

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

The Legal Services Commissioner brought two disciplinary proceedings against solicitor Michael William Kemp, heard together. The Tribunal found professional misconduct for continuing to advertise himself as entitled to practise after his practising certificate was cancelled (requiring a QLS Supreme Court injunction), and for failing to remit compulsory superannuation for six former employees (totalling $291,572, akin to a breach of trust). It found unsatisfactory professional conduct on four further charges involving improper billing, failure to provide a costs statement, and delay. No express finding of dishonesty was made. The Tribunal recommended removal from the local roll, ordered a public reprimand, made a $7,500 compensation order for a former employee, refused a non-publication order, and ordered Kemp to pay the costs of both proceedings.

Duties found breached:

• No baseless or threatened misconduct report
• Good faith and courtesy to colleagues

Aggravating factors:

• Sustained/protracted course of conduct
• Flagrant disrespect for lawful actions of regulator (QLS), requiring Supreme Court injunction
• Conduct akin to breach of trust by converting employees' superannuation to practice use
• Failure adversely affected clients and employees
• No explanation or insight offered; failed to appear at hearing

Mitigating factors:

• Co-operation in admitting conduct in 2023 proceeding and contextual matters in 2024 proceedings
• Self-reported mental health deterioration from 2020
• Degree of public shaming already suffered through adverse publicity
• Other positive contributions to the community

⚠ figures not found verbatim in the source were dropped: ["review_dishonesty_finding_cue_present"]