Date of decision Full name Decision Disciplinary action taken  
Full name David Fullerton Cleland
Date of birth 24 April 1945
Business address * 123 Wright Street ADELADE SA 5000
Date(s) of admission
Jurisdiction(s) of admission
  • South Australia
Home jurisdiction * South Australia
Substance of Conduct Matter In preparing a will for an elderly relative, the Practitioner engaged in a course of conduct from October 2014-December 2014 involving the failure to comply with his professional obligations. The Practitioner was found guilty of seven counts of professional misconduct including: breaching his fiduciary duty to his client as he preferred his interests to those of his client; placing himself in a position of conflict by preparing wills for and on behalf of his client when he was both executor and beneficiary; not obtaining informed consent from his client; not assessing his client’s testamentary capacity; and not ensuring his client sought and obtained independent legal advice. The Tribunal found that he engaged in that conduct in circumstances in which failing to honour his obligations could have meant there could have been challenges to each of the wills.
Decision Professional Misconduct
Date of decision 09 October 2020
Disciplinary action taken
  • Recommend that proceedings be commenced in the Supreme Court
Notes Matter currently referred to the Full Court of the Supreme Court for consideration of the appropriate disciplinary action.
Regulatory authority Legal Practitioners Disciplinary Tribunal
Appeal
Full name Colin Edward Dorrian
Date of birth 08 March 1967
Business address * 6 Todd Street, Port Adelaide SA 5015
Date(s) of admission 18 December 1989
Jurisdiction(s) of admission
  • South Australia
Home jurisdiction * South Australia
Substance of Conduct Matter Failure to comply with Schedule 4 notices, practise when suspended, breach undertaking
Decision Struck off
Date of decision 04 September 2020
Disciplinary action taken
  • Struck off
Notes Commissioner’s costs of Tribunal and Supreme Court proceedings to be paid by former practitioner.
Regulatory authority Supreme Court
Appeal
Decision or order Link to published decision
Full name Damien Andrew O’Dea
Date of birth 02 September 2019
Business address * O’Dea Lawyers 1130 South Road, Clovelly Park SA 5042
Date(s) of admission 12 November 2007
Jurisdiction(s) of admission
  • South Australia
Home jurisdiction * South Australia
Substance of Conduct Matter The Practitioner engaged in a course of conduct involving the failure to comply with his professional obligations. In particular: - In relation to two separate applications to the Law Society to be treated as a “low income sole practitioner” for the purposes of the Professional Indemnity Insurance Scheme, the Practitioner failed to comply with certain undertakings given to the Society as part of the applications. - In relation to a particular employment arrangement entered into by the Practitioner with an employee, the Practitioner failed to comply with his statutory obligations in relation to those arrangements. - In relation to a matter in the Federal Circuit Court in which he was personally involved, the Practitioner failed to comply with various orders of the Court. - In relation to a matter in the Federal Court involving his firm, the Practitioner failed to comply with an order of the Court and to appear at a hearing before the Court.
Decision Professional Misconduct
Date of decision 16 July 2020
Disciplinary action taken
  • Multiple Disciplinary Action
  • Fine
  • Reprimand
  • Undertake training, education or counselling
Notes 1. Fine in the amount of $10,000, payable by instalments over a 28 month period. 2. Conditions on the Practising Certificate requiring the Practitioner to undertake certain specified professional development in both the 2020/21 MCPD year and the 2021/22 MCPD year.
Regulatory authority Legal Profession Conduct Commissioner
Appeal
Decision or order Decision not published
Full name Gregory Charles Anderson
Date of birth 11 February 1949
Business address * Formerly 165 Main North Road CLARE SA 5453
Date(s) of admission 03 April 1975
Jurisdiction(s) of admission
  • South Australia
Home jurisdiction * South Australia
Substance of Conduct Matter Falsifying client signature on settlement statement, failing to obtain written authority from both vendor and purchaser to act for both sides in conveyance.
Decision Professional Misconduct
Date of decision 29 May 2020
Disciplinary action taken
  • Multiple Disciplinary Action
  • Fine
  • Reprimand
Notes Fine in the amount of $4,000.00. The fine may be paid in 10 monthly instalments of $400.00. The Practitioner has retired from legal practice.
Regulatory authority Legal Profession Conduct Commissioner
Appeal
Decision or order Decision not published
Full name Matthew Peter Thompson
Date of birth 30 September 1978
Business address * Level 1, 447 Morphett Street Adelaide SA 5000
Date(s) of admission 12 February 2001
Jurisdiction(s) of admission
  • South Australia
Home jurisdiction * South Australia
Substance of Conduct Matter The Practitioner is a registered Migration Agent. He sought a particular visa for an applicant. The application was refused by the Department of Immigration and Border Protection. The Practitioner failed to advise the applicant of that refusal. He then lodged an appeal with the Administrative Appeals Tribunal against that refusal despite having no instructions to do so. There was delay in notifying the applicant of the fact of the refusal and the lodgement of the appeal
Decision Professional Misconduct
Date of decision 20 May 2020
Disciplinary action taken
  • Multiple Disciplinary Action
  • Fine
  • Order to apologise
  • Reprimand
Notes Fine in the amount of $5,000.00 to be paid by instalment.
Regulatory authority Legal Profession Conduct Commissioner
Appeal
Decision or order Decision not published