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 | 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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| 2021 | Sook Cheng "Cheryl" Ho | Professional misconduct | Multiple Disciplinary Action | |
|
Full name
Sook Cheng "Cheryl" Ho
Business address *
TF 3, 22 Field Street ADELAIDE SA 5000
Date(s) of admission
15 September 2014
Jurisdiction(s) of admission
Home jurisdiction *
South Australia
Substance of Conduct Matter
Failing to operate a trust account despite receiving a substantial amount of trust money as part of her practice, intermixing trust and other money, regulatory breaches.
Decision
Professional misconduct
Date of decision
09 February 2021
Disciplinary action taken
Notes
Fine of $2,000
Regulatory authority
Legal Profession Conduct Commissioner
Appeal
Decision or order
Decision not published
|
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| 2021 | John Patrick Davey | Name struck off Roll in SA | Struck off | |
|
Full name
John Patrick Davey
Business address *
PO BOx 2119, Oak Park, Victoria 3046
Date(s) of admission
01 May 2002, 31 May 1995, 05 September 1994
Jurisdiction(s) of admission
Home jurisdiction *
Victoria
Substance of Conduct Matter
Misleading/attempting to mislead ACAT & ACT Law Society. Breach of undertaking. Making false representations to ACT Law Society. Giving false evidence. Swearing an affidavit in which practitioner made false statements. Calling evidence that the practitioner knew was false. Filing an application in the ACT Supreme Court on a premise that the practitioner knew to be false.
Decision
Name struck off Roll in SA
Date of decision
01 February 2021
Disciplinary action taken
Notes
Application made pursuant to section 89(6) of the Legal Practitioner’s Act, 1981 to strike off in SA relying on disqualification in ACT.
Regulatory authority
Supreme Court of ACT
Appeal
Decision or order
Link to published decision , Link to published decision
|
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| 2021 | Kieren Francis Moore | Unprofessional Conduct & Professional Misconduct | Recommend that proceedings be commenced in the Supreme Court | |
|
Full name
Kieren Francis Moore
Business address *
4 Purbrick Street, Wynn Vale, SA 5127
Date(s) of admission
08 October 2002
Jurisdiction(s) of admission
Home jurisdiction *
South Australia
Substance of Conduct Matter
(1) Failure to deposit trust money into a trust account; intermixing of trust money with other money; misappropriation of trust money; failure to keep trust records; failure to account to client for trust money; permitting cash withdrawals of trust money; failure to maintain a trust ledger; failure to issue trust receipts and trust account statements (Cassoudakis charge)
(2)Delay and failure to act on instructions in Estate matter (Lucia Charge);
Decision
Unprofessional Conduct & Professional Misconduct
Date of decision
14 January 2021
Disciplinary action taken
Notes
Regulatory authority
Legal Practitioners Disciplinary Tribunal
Appeal
Decision or order
Link to published decision , Link to published decision
|
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