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 | |
|---|---|---|---|---|
| 2022 | Roxanne Marie McCardle | Unsatisfactory Profession Conduct | Recommend that proceedings be commenced in the Supreme Court | |
|
Full name
Roxanne Marie McCardle
Business address *
PO Box 2370, Bundaberg QLD 4670
Date(s) of admission
08 May 2006
Jurisdiction(s) of admission
Home jurisdiction *
South Australia
Substance of Conduct Matter
Failure to adequately respond to two (2) Notices served under Schedule 4, Clause 4(1) of the Legal Practitioners Act 1981
Decision
Unsatisfactory Profession Conduct
Date of decision
03 June 2022
Disciplinary action taken
Notes
Regulatory authority
Legal Practitioners Disciplinary Tribunal
Appeal
Decision or order
Link to published decision
|
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| 2022 | Stephen Patrick McNamara | The Practitioner’s name be struck off the Roll of Legal Practitioners. | Name removed from Roll of Legal Practitioners | |
|
Full name
Stephen Patrick McNamara
Business address *
C/- Department for Correctional Services
Date(s) of admission
07 February 1978
Jurisdiction(s) of admission
Home jurisdiction *
South Australia
Substance of Conduct Matter
Found guilty of a serious offence
Decision
The Practitioner’s name be struck off the Roll of Legal Practitioners.
Date of decision
10 March 2022
Disciplinary action taken
Notes
Regulatory authority
Supreme Court
Appeal
Decision or order
Link to published decision
|
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| 2022 | Ms Christie Lee Rigg | Professional Misconduct | Multiple Disciplinary Action | |
|
Full name
Ms Christie Lee Rigg
Business address *
Level 3, 169 Fullarton Road DULWICH SA 5065
Date(s) of admission
21 September 2015
Jurisdiction(s) of admission
Home jurisdiction *
South Australia
Substance of Conduct Matter
Lack of progress and communication regarding a deceased estate, failure to refund filing fee paid once instructions terminated.
Decision
Professional Misconduct
Date of decision
08 March 2022
Disciplinary action taken
Notes
Practitioner is to refrain from charging for any work done and is to refund the filing fee paid by the Complainant Executor. Additional Comments or instructions:
The amount of the fine is $2 500.00.
Regulatory authority
Legal Profession Conduct Commissioner
Appeal
Decision or order
Decision not published
|
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| 2021 | David Luke Williams | Professional Misconduct | Multiple Disciplinary Action | |
|
Full name
David Luke Williams
Business address *
125 Lipson Street PORT ADELAIDE SA 5015
Date(s) of admission
11 October 2004
Jurisdiction(s) of admission
Home jurisdiction *
South Australia
Substance of Conduct Matter
The Practitioner’s practising certificate expired on 30 June 2015. It has not been renewed since that time.
The Practitioner admitted to having knowingly appeared for a client in the Magistrates Court and the District Court on 5 separate occasions between 21July 2015 and 4 November 2015 when he was not the holder of a practising certificate.
By virtue of not holding a current practising certificate, the Practitioner also did not hold professional indemnity insurance for the relevant period.
The Practitioner’s conduct was in breach of section 21 of the Legal Practitioner’s Act, 1981 which provides that a person must not practise the profession of the law, or hold himself or herself out as being entitled to practise the profession of the law, unless the person holds a practising certificate.
Decision
Professional Misconduct
Date of decision
22 December 2021
Disciplinary action taken
Notes
The Practitioner was reprimanded and ordered to refrain from making any application for a practising certificate in any jurisdiction for a period of 4 months from the date of the Commissioner’s Determination.
Regulatory authority
Legal Profession Conduct Commissioner
Appeal
Decision or order
Decision not published
|
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| 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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