Mr Spaulding was found guilty of seven counts of professional misconduct under the Legal Profession Act 2004 on 24 December 2015. The charges were regarding Mr Spaulding’s behaviour towards lawyers and clients, his failure to provide a full explanation in response to complaints and his failure to comply with previous orders of the Tribunal.
There was a recommendation by the Victorian Civil and Administrative Tribunal that Mr Spaulding’s name be removed from the roll of practitioners.
Mr Spaulding left Australia in 2014 and went to Hong Kong, and he is yet to return to Australia. On 28 August 2017 a decision was made by Ginnane J, with Mr Spaulding not present as he could still not be located.
The court had to determine whether Mr Spaulding is not a fit and proper person to remain a legal practitioner.
Ginnane J took into account the degree of the seven charges and the recommendations made by VCAT, particularly the decision of Senior Member J Smithers.
It was decided that Mr Spaulding is not a fit and proper person to practise law, and that his name be removed from the roll of Australian lawyers maintained by the Supreme Court of Australia.
To read the full decision, click here.