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 | Christopher James Rosser | Practitioner’s name struck off the Roll. | Struck off | |
|
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
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
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
|
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| 2021 | David Fullerton Cleland | Professional Misconduct | Multiple Disciplinary Action | |
|
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
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
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
|
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| 2021 | Mark Adam Freer | Professional Misconduct | Multiple Disciplinary Action | |
|
Full name
Mark Adam Freer
Business address *
Date(s) of admission
16 February 2011, 10 December 2010
Jurisdiction(s) of admission
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
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
|
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| 2021 | Mark Adam Freer | Professional Misconduct | Multiple Disciplinary Action | |
|
Full name
Mark Adam Freer
Business address *
Date(s) of admission
16 February 2011, 10 December 2010
Jurisdiction(s) of admission
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
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
|
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| 2021 | Robert Alessandro Berton | Unprofessional Conduct & Professional Misconduct | Multiple Disciplinary Action | |
|
Full name
Robert Alessandro Berton
Business address *
1 Hoylake Crescent West Lakes SA
Date(s) of admission
05 December 1997
Jurisdiction(s) of admission
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
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
|
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