In disciplinary proceedings, findings that a solicitor knew his or her conduct was dishonest require that dishonesty be sufficiently pleaded or conducted as a case; however, the objective test for dishonesty from Peters v The Queen applies and a fraudster's subjective belief that conduct is not dishonest is irrelevant. A costs assessment under the Legal Profession Act 2004 does not preclude a disciplinary tribunal from considering overcharging as professional misconduct.
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