In Legal Services Commissioner v PT [2009] VCAT 1603, Senior Member Preuss decided that a failure to respond to a demand by the Commissioner for information in relation to a disciplinary complaint was unsatisfactory professional conduct rather than the more serious professional conduct, for several reasons including that ‘he [the respondent solicitor] admitted the factual circumstances alleged and he did not oppose the orders which I sought to make’. That is not a factor which has often expressly been taken into account in making the distinction, as far as I am aware.
