Disciplinary Register
The Register of Disciplinary Action contains information about lawyers who have been disciplined
Disciplinary action may be taken by the Legal Profession Conduct Commissioner, the Legal Practitioners Disciplinary Tribunal, the Supreme Court or in some cases, by their interstate equivalents.
Below you can search the Register by lawyer’s name and/or the disciplinary action taken, or view the entire Register.
A finding of Professional Misconduct, whether made by the Commissioner, the Tribunal or the Supreme Court, must be published on the Register.
A less serious finding of Unsatisfactory Professional Conduct may be included on the Register, at the discretion of the Commissioner.
Not all lawyers subject to disciplinary action prior to 1 July 2014 are listed on the Register. Only lawyers who have been struck-off (ie removed from practice), suspended from practice or placed under supervision for a period of time (and which was in effect as at 1 July 2014) are on the Register. Some information is not on the Register for older disciplinary actions.
Lawyers found guilty of misconduct in other jurisdictions may have their details published on an interstate disciplinary action register.
If a finding that is entered on the Register is appealed, then the fact of the appeal will also be noted on the Register. If the appeal, or indeed any review:
- results in the finding being quashed, then any reference to that disciplinary action must be removed from the Register;
- results in the finding being otherwise varied, then the Register will be amended appropriately.
The Commissioner has a discretion to remove information that was previously included on the Register. They can only do so where the information relates to relatively minor misconduct, and only if it has been at least 2 years since the later of:
- the inclusion of the information on the Register; and
- the fulfilment of the order or requirement to which the information relates.
Disclaimer: The Commissioner is required to maintain the Register of Disciplinary Action in accordance with the Act, Section 89C. While all reasonable care is taken to make sure the information on the Register is correct and up-to-date, the Commissioner is not liable for any loss or damage that may result from reliance on the Register or from any error or deficiency in the Register. The Commissioner also has certain specific protections from liability under section 89F of the Act.
| Date of decision | Full name | Decision | Disciplinary action taken | |
|---|---|---|---|---|
| 2021 | Andrew Robert Graham | Unsatisfactory Professional Conduct | Multiple Disciplinary Action | |
|
Full name
Andrew Robert Graham
Business address *
Suite 5, Level 1 118 Halifax Street ADELAIDE SA 5000
Date(s) of admission
14 December 2009
Jurisdiction(s) of admission
Home jurisdiction *
South Australia
Substance of Conduct Matter
Practitioner pleaded guilty to offences of administering a controlled drug to another (section 33I(1)(a) Controlled Substances Act 1984) and attempting to pervert the course of justice (section 256(1) Criminal Law Consolidation Act 1935). He was convicted and placed on a bond to be of good behaviour for a period of 12 months.
Breach of Australian Solicitors’ Conduct Rules 5.1.1 and 5.1.2, by engaging in conduct which to a material degree diminished the public confidence in the administration of justice and brought the profession into disrepute.
Decision
Unsatisfactory Professional Conduct
Date of decision
01 December 2021
Disciplinary action taken
Notes
Terms of the supervision:
1. the Practitioner practise only as an employed solicitor under the supervision of a legal practitioner of not less than 15 years post admission experience, the period of supervision to conclude on 5 December 2022;
2. during the period of supervision, the Practitioner procure written reports from his supervisor to be provided to the Commissioner on a quarterly basis regarding the Practitioner’s cooperation with the supervision, the management of the Practitioner’s client matters, and any aspect of the Practitioner’s personal conduct that impacts, or may impact, on his ability to practise.
The disciplinary proceedings ran in parallel to section 20AH Show Cause Proceedings in the Supreme Court. In those proceedings the Practitioner undertook not to engage in legal practice whilst the proceedings were on foot; the Practitioner was effectively suspended from legal practice for a period of four months.
On 4 December 2020 the Supreme Court imposed conditions on the Practitioner’s practising certificate, including that:
1. for a period of two years the Practitioner practise only as an employed solicitor under the supervision of a legal practitioner of not less than 15 years post admission experience;
2. during the period of the supervision the Practitioner procure a written report from his supervisor on a quarterly basis;
3. for a period of one year the Practitioner submit to drug and/or alcohol testing at the reasonable direction of the Commissioner;
4. for a period of one year from the date of the Order the Practitioner comply with any treatment plan recommended by his treating psychologist and provide or report from the treating psychologist, such report to be provided not less than once every 3 months.
In determining what disciplinary action he should take, the Commissioner took into account the conditions imposed on the Practitioner’s practising certificate by the Supreme Court. The Commissioner indicated that, but for the 4 month effective suspension of the Practitioner’s practising certificate, he would most likely have suspended the Practitioner’s practising certificate for 8-10 weeks. He also indicated that, but for the order requiring the Practitioner to comply with any treatment plan recommended by his treating psychologist, he would most likely have made orders the Practitioner submit to medical examination, counselling and/or supervised treatment.
Regulatory authority
Legal Profession Conduct Commissioner
Appeal
Decision or order
Decision not published
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| 2021 | Paul Ignatius Boylan | Professional Misconduct | Multiple Disciplinary Action | |
|
Full name
Paul Ignatius Boylan
Business address *
138 Florence Street PORT PIRIE SA 5540
Date(s) of admission
07 February 1978
Jurisdiction(s) of admission
Home jurisdiction *
South Australia
Substance of Conduct Matter
Failure to comply with disciplinary action ordered by the Commissioner in a previous Determination following a complaint.
Decision
Professional Misconduct
Date of decision
19 October 2021
Disciplinary action taken
Notes
Fine amount $2,500.00
Regulatory authority
Legal Profession Conduct Commissioner
Appeal
Decision or order
Decision not published
|
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| 2021 | Janusz Kaminski | The practitioner’s name is struck from the roll of practitioners kept by the Supreme Court of SA | Struck off | |
|
Full name
Janusz Kaminski
Business address *
26 Carabeen Way, Lyndhurst, VICTORIA 3975
Date(s) of admission
01 May 1989
Jurisdiction(s) of admission
Home jurisdiction *
South Australia
Substance of Conduct Matter
Decision
The practitioner’s name is struck from the roll of practitioners kept by the Supreme Court of SA
Date of decision
21 September 2021
Disciplinary action taken
Notes
Application made pursuant to section 89(1b) or 88A of the Legal Practitioners Act, 1981 with the consent of the practitioner on the basis of medical evidence which demonstrates the practitioner is no longer fit to practise the profession of the law.
Regulatory authority
Supreme Court
Appeal
Decision or order
Link to published decision
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| 2021 | Frederick Mark Boyd Turner | Professional Misconduct | Multiple Disciplinary Action | |
|
Full name
Frederick Mark Boyd Turner
Business address *
Level 1, 48 Carrington Street ADELAIDE SA 5000
Date(s) of admission
05 April 1983
Jurisdiction(s) of admission
Home jurisdiction *
South Australia
Substance of Conduct Matter
Drawing a Will for an elderly lady on instructions from a family member without first meeting with her, so that he could consider issues of capacity and/or undue influence.
Decision
Professional Misconduct
Date of decision
07 July 2021
Disciplinary action taken
Notes
Condition on practising certificate that practitioner complete one extra unit of Mandatory Continuing Professional Development on the subject of taking instructions for Wills within 6 months of the date of this order. The amount of the fine is $6,500.00.
Regulatory authority
Legal Profession Conduct Commissioner
Appeal
Decision or order
Decision not published
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| 2021 | Anna Katarzyna Jones | Professional Misconduct | Conditions on Practising Certificate | |
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Full name
Anna Katarzyna Jones
Business address *
34 Cadell Street GOOLWA SA 5214
Date(s) of admission
09 February 2009
Jurisdiction(s) of admission
Home jurisdiction *
South Australia
Substance of Conduct Matter
Not responding to formal notices served under clause 4 of schedule 4 of the Legal Practitioners Act requesting information and documents.
Decision
Professional Misconduct
Date of decision
16 June 2021
Disciplinary action taken
Notes
15 June 2023 Mentoring Agreement expires
Regulatory authority
Legal Practitioners Disciplinary Tribunal
Appeal
Decision or order
Link to published decision
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