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 | |
|---|---|---|---|---|
| 2020 | Benjamin Johns | Practitioner admitted | Struck off and Re-admitted | |
|
Full name
Benjamin Johns
Business address *
18 Victor Avenue, Woodville West SA 5008
Date(s) of admission
12 October 2020, 11 February 2002
Jurisdiction(s) of admission
Home jurisdiction *
South Australia
Substance of Conduct Matter
Falsifying a document (Application for Warrant)
Decision
Practitioner admitted
Date of decision
12 October 2020
Disciplinary action taken
Notes
Re-admitted subject to conditions:
1. Applicant subject to a period of supervised practice for five years; and
2. In the period of supervised practice the Applicant disclose the circumstances of his removal from the Roll of practitioners and subsequent re-admission to all of his employers.
Regulatory authority
Supreme Court
Appeal
Decision or order
Link to published decision
|
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| 2020 | David Fullerton Cleland | Professional Misconduct | Recommend that proceedings be commenced in the Supreme Court | |
|
Full name
David Fullerton Cleland
Business address *
123 Wright Street ADELADE SA 5000
Date(s) of admission
Jurisdiction(s) of admission
Home jurisdiction *
South Australia
Substance of Conduct Matter
In preparing a will for an elderly relative, the Practitioner engaged in a course of conduct from October 2014-December 2014 involving the failure to comply with his professional obligations. The Practitioner was found guilty of seven counts of professional misconduct including: breaching his fiduciary duty to his client as he preferred his interests to those of his client; placing himself in a position of conflict by preparing wills for and on behalf of his client when he was both executor and beneficiary; not obtaining informed consent from his client; not assessing his client’s testamentary capacity; and not ensuring his client sought and obtained independent legal advice. The Tribunal found that he engaged in that conduct in circumstances in which failing to honour his obligations could have meant there could have been challenges to each of the wills.
Decision
Professional Misconduct
Date of decision
09 October 2020
Disciplinary action taken
Notes
Matter currently referred to the Full Court of the Supreme Court for consideration of the appropriate disciplinary action.
Regulatory authority
Legal Practitioners Disciplinary Tribunal
Appeal
Decision or order
Link to published decision , Link to published decision
|
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| 2020 | Colin Edward Dorrian | Struck off | Struck off | |
|
Full name
Colin Edward Dorrian
Business address *
6 Todd Street, Port Adelaide SA 5015
Date(s) of admission
18 December 1989
Jurisdiction(s) of admission
Home jurisdiction *
South Australia
Substance of Conduct Matter
Failure to comply with Schedule 4 notices, practise when suspended, breach undertaking
Decision
Struck off
Date of decision
04 September 2020
Disciplinary action taken
Notes
Commissioner’s costs of Tribunal and Supreme Court proceedings to be paid by former practitioner.
Regulatory authority
Supreme Court
Appeal
Decision or order
Link to published decision
|
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| 2020 | Damien Andrew O’Dea | Professional Misconduct | Multiple Disciplinary Action | |
|
Full name
Damien Andrew O’Dea
Business address *
O’Dea Lawyers 1130 South Road, Clovelly Park SA 5042
Date(s) of admission
12 November 2007
Jurisdiction(s) of admission
Home jurisdiction *
South Australia
Substance of Conduct Matter
The Practitioner engaged in a course of conduct involving the failure to comply with his professional obligations. In particular:
- In relation to two separate applications to the Law Society to be treated as a “low income sole practitioner” for the purposes of the Professional Indemnity Insurance Scheme, the Practitioner failed to comply with certain undertakings given to the Society as part of the applications.
- In relation to a particular employment arrangement entered into by the Practitioner with an employee, the Practitioner failed to comply with his statutory obligations in relation to those arrangements.
- In relation to a matter in the Federal Circuit Court in which he was personally involved, the Practitioner failed to comply with various orders of the Court.
- In relation to a matter in the Federal Court involving his firm, the Practitioner failed to comply with an order of the Court and to appear at a hearing before the Court.
Decision
Professional Misconduct
Date of decision
16 July 2020
Disciplinary action taken
Notes
1. Fine in the amount of $10,000, payable by instalments over a 28 month period.
2. Conditions on the Practising Certificate requiring the Practitioner to undertake certain specified professional development in both the 2020/21 MCPD year and the 2021/22 MCPD year.
Regulatory authority
Legal Profession Conduct Commissioner
Appeal
Decision or order
Decision not published
|
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| 2020 | Gregory Charles Anderson | Professional Misconduct | Multiple Disciplinary Action | |
|
Full name
Gregory Charles Anderson
Business address *
Formerly 165 Main North Road CLARE SA 5453
Date(s) of admission
03 April 1975
Jurisdiction(s) of admission
Home jurisdiction *
South Australia
Substance of Conduct Matter
Falsifying client signature on settlement statement, failing to obtain written authority from both vendor and purchaser to act for both sides in conveyance.
Decision
Professional Misconduct
Date of decision
29 May 2020
Disciplinary action taken
Notes
Fine in the amount of $4,000.00. The fine may be paid in 10 monthly instalments of $400.00.
The Practitioner has retired from legal practice.
Regulatory authority
Legal Profession Conduct Commissioner
Appeal
Decision or order
Decision not published
|
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