Date of decision Full name Decision Disciplinary action taken  
Full name Christopher James Rosser
Business address * 20 King Arthurs Court, Sovereign Island, Queensland 4216
Date(s) of admission 16 February 2001, 20 May 1994
Jurisdiction(s) of admission
  • 1. Queensland
  • 2. South Australia
Home jurisdiction * Queensland
Substance of Conduct Matter Practitioner struck off the Roll in Queensland on 4 December 2020.
Decision Practitioner’s name struck off the Roll.
Date of decision 19 March 2021
Disciplinary action taken
  • Struck off
Notes LPCC Application made pursuant to Section 89(6), relying on Interstate Strike Off. Orders made by consent.
Regulatory authority Supreme Court
Appeal
Decision or order Link to published decision
Full name David Fullerton Cleland
Business address * 89 Hewitt Avenue TOORAK GARDENS SA 5065
Date(s) of admission 12 February 2001
Jurisdiction(s) of admission
  • South Australia
Home jurisdiction * South Australia
Substance of Conduct Matter The Practitioner prepared two wills for his 87 year old aunt in 2014 in circumstances in which he was the primary beneficiary. The Practitioner prepared the two wills without assessing the testamentary capacity of his aunt, without considering his ethical and fiduciary duties, without keeping notes of his instructions from his aunt, without regard to the position of conflict he was in and without advising his aunt to obtain independent legal advice.
Decision Professional Misconduct
Date of decision 17 March 2021
Disciplinary action taken
  • Multiple Disciplinary Action
  • Conditions on Practising Certificate
  • Fine
  • Reprimand
  • Suspension of Practising Certificate
Notes The Court of Appeal reprimanded the Practitioner, imposed a fine of $50,000, suspended him from practice as a legal practitioner for six months commencing Monday 22 February 2021, and ordered that it would be a condition on any practising certificate issued to the Practitioner that he is prohibited from engaging in any legal work involving the drawing or execution of any will or other testamentary instrument. The Practitioner does not currently hold a practising certificate. The Court of Appeal suspended him from practice for a period of 6 months from the date of the Order of the Court of Appeal, which was 22 February 2021. Date of decision was 17 March 2021 (though date of suspension order is 22 February 2021)
Regulatory authority
Appeal
Decision or order Link to published decision
Full name Mark Adam Freer
Business address *
Date(s) of admission 16 February 2011, 10 December 2010
Jurisdiction(s) of admission
  • 1. Unsure (10 December 2010)
  • 2. South Australia (16 February 2011)
Home jurisdiction *
Substance of Conduct Matter Misappropriation of trust money in the amount of $3,000.00 paid by client for anticipated legal fees.
Decision Professional Misconduct
Date of decision 10 March 2021
Disciplinary action taken
  • Multiple Disciplinary Action
  • Fine
  • Make a payment
  • Reprimand
Notes Fine of $1,000.00 to be paid by 31 October 2021 Payment of $3,000.00 to be made to Fidelity Fund by 31 October 2021 to reimburse the Fidelity Fund the amount that it paid to the Practitioner’s client to compensate him for his loss as a result of the Practitioner’s misappropriation of trust funds.
Regulatory authority Legal Profession Conduct Commissioner
Appeal
Decision or order Decision not published
Full name Mark Adam Freer
Business address *
Date(s) of admission 16 February 2011, 10 December 2010
Jurisdiction(s) of admission
  • 1. Unsure (10 December 2010)
  • 2. South Australia (16 February 2011)
Home jurisdiction * South Australia
Substance of Conduct Matter Misappropriation of trust money in the amount of $2,000.00 paid by client for anticipated legal fees.
Decision Professional Misconduct
Date of decision 10 March 2021
Disciplinary action taken
  • Multiple Disciplinary Action
  • Fine
  • Make a payment
  • Order to apologise
  • Reprimand
Notes Fine of $1,000.00 to be paid by 31 October 2021 Payment of $2,000.00 to be made to Fidelity Fund by 31 October 2021 to reimburse the Fidelity Fund the amount that it paid to the Practitioner’s client to compensate her for her loss as a result of the Practitioner’s misappropriation of trust funds.
Regulatory authority Legal Profession Conduct Commissioner
Appeal
Decision or order Decision not published
Full name Robert Alessandro Berton
Business address * 1 Hoylake Crescent West Lakes SA
Date(s) of admission 05 December 1997
Jurisdiction(s) of admission
  • South Australia
Home jurisdiction * South Australia
Substance of Conduct Matter Substantial and unreasonable delay in administration of two estate matters, wastage of estate asset.
Decision Unprofessional Conduct & Professional Misconduct
Date of decision 16 February 2021
Disciplinary action taken
  • Multiple Disciplinary Action
  • Order to apologise
  • Refrain from doing something
  • Reprimand
Notes Practitioner may not act as or accept a future appointment as an executor, administrator, attorney or substitute decision-maker for any person other than a small defined group of family members and friends. Practitioner must renounce, resign or terminate any current appointments that he holds as an executor, administrator, attorney or substitute decision-maker for any person other than a small defined group of family members and friends. Practitioner provided an undertaking that he had either completed all necessary legal work on all Probate or estate administration matters in his practice, or had transferred such matters to another legal practitioner.
Regulatory authority Legal Profession Conduct Commissioner
Appeal
Decision or order Decision not published