Lawyer suspended

Broome lawyer Julia Barber has been suspended from practice for six months and ordered to pay almost $40,000 in costs for engaging in unprofessional conduct and knowingly'''''' misleading the State Administrative Tribunal.

The Legal Profession Complaints Committee was seeking an order for her to be struck off for conduct that “strikes at the heart of the relationship between lawyers and the tribunal”.

The three-person SAT tribunal ruled on December 2 that even though she had “fallen below” the high standards expected of a lawyer, they were satisfied she would be fit to resume her job following her punishment.

Ms Barber acted for Cable Beach-based'''''' Red Sun Camels and Ships of the Desert in 2008 when they appealed to the SAT over a one-licence, one-operator condition imposed by the Shire of Broome.

In September this year, the tribunal found Ms Barber gave the impression Christopher Hill was the owner of Ships of the Desert and concealed the fact that Red Sun Camels was the actual owner.

The clients wanted to purchase a second camel tour licence but believed that if the Shire was aware, it would seek to have them divest in the second business.

“In order to conceal the purchase, an employee of the clients was named as the purchaser of the second business,” a summary of the tribunal ruling said.

In handing down its decision, the tribunal noted that if it were not for Ms Barber’s good conduct since 2008 and her particular circumstances in Broome, the suspension “would have been much higher”.

A number of people supplied SAT with references on her behalf including Shire of Broome president Ron Johnston, accountant and Shire councillor Desiree Male, former Broome Magistrate Antoine Bloemen and Broome lawyer Gordon Bauman.

The tribunal found that although Ms Barber did not possess special skills per se, the need to serve a remote community was an “important consideration”.

“This is not a situation where a practitioner is incompetent,” the SAT ruling stated.

“If it were so, then it would be inappropriate to allow her to practice even in a remote community.”

In her own submission, Ms Barber said that at the time of her conduct she was under personal strain due to the illness and subsequent death of her secretary.

She was also experiencing problems with her son.

Ms Barber currently has more than 400 files open and is engaged in about 90 per cent of Family Court matters when the circuit visits town.

She has been ordered to pay the LPCC costs of $38,812 by February 12 and has been reprimanded under the Legal Profession Act 2008.

The tribunal said Ms Barber’s lack of remorse led it to infer she has not “fully appreciated the gravity of her conduct”.

Ms Barber declined to comment.