Date of decision Full name Decision Disciplinary action taken  
Full name John Mark Fitzpatrick
Business address * U1, 121 Walkerville Terrace, Walkerville SA 5081
Date(s) of admission 15 December 1986
Jurisdiction(s) of admission
  • South Australia
Home jurisdiction * South Australia
Substance of Conduct Matter Failure to respond to requests for information from the Commissioner, failure to respond to Notices issued by the Commissioner, failure to lodge low fee earner declaration in breach of undertaking, failure to respond to requests from Law Society for documentation relating to MCPD requirements, delay without reasonable excuse, failure to respond to solicitors acting for former client, breach of Supreme Court order, breach of condition on practising certificate, multiple breaches of Australian Solicitors Conduct Rules and duties owed to client, dishonesty, failing to complete MCPD requirements and making a false and misleading statement.
Decision Professional Misconduct & Unsatisfactory Professional Conduct
Date of decision 20 June 2024
Disciplinary action taken
  • Recommend that proceedings be commenced in the Supreme Court
Notes
Regulatory authority Legal Practitioners Disciplinary Tribunal
Appeal
Full name William Chau
Business address * 262-264 Halifax Street, ADELAIDE SA 5000
Date(s) of admission 14 April 2009
Jurisdiction(s) of admission
  • South Australia
Home jurisdiction * South Australia
Substance of Conduct Matter • Failure to pay previously ordered fine • Failure to complete Mandatory Continuing Professional Development • Failure to complete mandatory accredited Law Practice Management Course
Decision Professional Misconduct
Date of decision 11 June 2024
Disciplinary action taken
  • Reprimand
Notes Practitioner has not held a Practising Certificate since 30 June 2023
Regulatory authority Legal Practitioners Disciplinary Tribunal
Appeal
Decision or order Link to published decision
Full name Tania Jane Furler
Business address * Suite 2, 388 Brighton Road, HOVE SA 5048
Date(s) of admission 17 February 2014
Jurisdiction(s) of admission
  • South Australia
Home jurisdiction * South Australia
Substance of Conduct Matter Extensive and systemic breaches of Trust accounting requirements over a period of 6 years to the end of 2022.
Decision Professional Misconduct
Date of decision 24 May 2024
Disciplinary action taken
  • Multiple Disciplinary Action
  • Conditions on Practising Certificate
  • Fine
  • Reprimand
Notes The amount of the fine is $ 2,000.00. In conducting her legal practice, the Practitioner must not at any time prior to 30 June 2026: (a) be the sole legal practitioner signatory to any Trust account; or (b) open or operate a sole legal practice, whether or not incorporated, but shall only practise as a barrister or employed solicitor. The Practitioner must undertake the following education: (a) to complete and pass the Rule 15 Refresher Course in Trust accounting provided on-line by the Society, and in that regard: (b) that education shall be undertaken and the assessment passed on or before 1 August 2024; and (c) that education shall be in addition to the Practitioner’s compulsory MCPD units for the CPD year ending on 31 March 2025
Regulatory authority Legal Profession Conduct Commissioner
Appeal
Decision or order Decision not published
Full name Roxanne Marie McCardle
Business address * PO Box 2370, Bundaberg QLD 4670
Date(s) of admission 08 May 2006
Jurisdiction(s) of admission
  • South Australia
Home jurisdiction * South Australia
Substance of Conduct Matter 1. Nine instances of either maintaining, or commencing and maintaining, applications or appeals which were an abuse of process; 2. A number of instances of making submissions or communicating with a court in a manner which was discourteous, intemperate and scandalous; 3. Misreading from transcript in a manner which had the potential to mislead an appeal court where the Practitioner was recklessly indifferent to that possibility; and 4. Swearing and filing an affidavit that was false in a material respect, and being recklessly indifferent as to whether the affidavit was false and whether the appeal court would be misled by it.
Decision Professional Misconduct (in WA)
Date of decision 24 April 2024
Disciplinary action taken
  • Other
Notes WASAT recommended that the Practitioner's name be removed from an interstate Roll, being the Roll in SA. Primary Decision - 22/12/2023 Penalty Decision - 24/04/2024, published on 06/05/2024
Regulatory authority State Administrative Tribunal of WA (WASAT)
Appeal
Full name Christian Hugo Cifuentes
Business address * Level 2, 70 Hindmarsh Square, Adelaide SA 5000
Date(s) of admission 08 February 2010
Jurisdiction(s) of admission
  • South Australia
Home jurisdiction * South Australia
Substance of Conduct Matter Failure to keep Trust account and trust records in compliance with Legal Practitioners Act and Regulations.
Decision Professional Misconduct
Date of decision 18 April 2024
Disciplinary action taken
  • Multiple Disciplinary Action
  • Conditions on Practising Certificate
  • Reprimand
  • Undertake training, education or counselling
Notes Practitioner has undergone further training and education regarding trust accounting.
Regulatory authority Legal Professional Conduct Commissioner
Appeal
Decision or order Decision not published