Decision record
GRAEME JOHN BOSTOCK
Allegation / charges
Professional Misconduct and Unsatisfactory Professional Conduct. Reprimand and Fine
Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision
Graeme John Bostock, admitted in 1973, was found to have engaged in one count of professional misconduct and four counts of unsatisfactory professional conduct arising from his handling of the administration of two family estates (EF and FF) and related matters between 2010 and 2018. The failings concerned competence and diligence: delays in finalising estate administration, share transfers and tax returns; making interim distributions without a binding disclaimer; failing to respond to correspondence; failing to provide costs disclosure (breach of ss 260, 262); and withdrawing trust monies to pay tax invoices without proper authorisation (breach of s 216(1)(b) and reg 65). The Tribunal expressly noted no dishonesty was involved. On consent, and recognising his voluntary retirement and undertaking not to practise, the Tribunal reprimanded him, fined him $5,000 and ordered $5,000 costs, finding the penalty at the upper end of the appropriate range.
Duties found breached:
- No improper communication with the court
- Uphold public trust in the profession
- Proper termination and return of instructions
- No improper benefit, loan or bequest
- No improper use of client money
- No baseless or threatened misconduct report
Aggravating factors:
- Conduct extended over a lengthy period (2010-2018)
- Multiple failures across administration of two estates and related matters
Mitigating factors:
- No dishonesty involved
- No intention of personal advantage from the failures
- More than 30-year history of acting for the relevant clients without complaint
- Voluntary retirement from practice and undertaking not to practise, providing significant protection to the public
- Cooperation and agreement to consent orders
- Represented by senior counsel