Date of decision Full name Decision Disciplinary action taken  
Full name Roxanne Marie McCardle
Business address * PO Box 2370, Bundaberg QLD 4670
Date(s) of admission 08 May 2006
Jurisdiction(s) of admission
  • South Australia
Home jurisdiction * South Australia
Substance of Conduct Matter 1. Nine instances of either maintaining, or commencing and maintaining, applications or appeals which were an abuse of process; 2. A number of instances of making submissions or communicating with a court in a manner which was discourteous, intemperate and scandalous; 3. Misreading from transcript in a manner which had the potential to mislead an appeal court where the Practitioner was recklessly indifferent to that possibility; and 4. Swearing and filing an affidavit that was false in a material respect, and being recklessly indifferent as to whether the affidavit was false and whether the appeal court would be misled by it.
Decision Professional Misconduct (in WA)
Date of decision 24 April 2024
Disciplinary action taken
  • Other
Notes WASAT recommended that the Practitioner's name be removed from an interstate Roll, being the Roll in SA. Primary Decision - 22/12/2023 Penalty Decision - 24/04/2024, published on 06/05/2024
Regulatory authority State Administrative Tribunal of WA (WASAT)
Appeal
Full name Christian Hugo Cifuentes
Business address * Level 2, 70 Hindmarsh Square, Adelaide SA 5000
Date(s) of admission 08 February 2010
Jurisdiction(s) of admission
  • South Australia
Home jurisdiction * South Australia
Substance of Conduct Matter Failure to keep Trust account and trust records in compliance with Legal Practitioners Act and Regulations.
Decision Professional Misconduct
Date of decision 18 April 2024
Disciplinary action taken
  • Multiple Disciplinary Action
  • Conditions on Practising Certificate
  • Reprimand
  • Undertake training, education or counselling
Notes Practitioner has undergone further training and education regarding trust accounting.
Regulatory authority Legal Professional Conduct Commissioner
Appeal
Decision or order Decision not published
Full name Atanas Michael Radin
Business address * PO Box 8214 Rundle Mall Adelaide SA 5000
Date(s) of admission 20 December 1982
Jurisdiction(s) of admission
  • South Australia
Home jurisdiction * South Australia
Substance of Conduct Matter Misappropriation of Trust money, misleading client and Law Society, failure to pay employee superannuation, failure to pay tax.
Decision Struck off Roll
Date of decision 25 March 2024
Disciplinary action taken
  • Struck off
Notes Consequently struck off as Notary Public. Practitioner to pay Commissioner's costs of 3 Tribunal proceedings and Supreme Court proceedings.
Regulatory authority Supreme Court
Appeal
Decision or order Link to published decision
Full name Brendan Peter Connell
Business address * 94 Sturt Street ADELAIDE SA 5000
Date(s) of admission 20 December 1982
Jurisdiction(s) of admission
  • South Australia
Home jurisdiction * South Australia
Substance of Conduct Matter Failure to comply with regulatory requirements regarding Practitioner’s Trust Account over several years
Decision Professional Misconduct
Date of decision 17 October 2023
Disciplinary action taken
  • Multiple Disciplinary Action
  • Conditions on Practising Certificate
  • Fine
  • Reprimand
Notes Fine amount: $7,000.00 The condition placed on the Practitioner’s practising certificate is that, in practising the law at any time for the next 5 years from the date of the making of the Determination, the Practitioner must not: (a) be a signatory on any legal practice trust account; or (b) open, run, manage or otherwise control any legal practice trust account.
Regulatory authority Legal Profession Conduct Commissioner
Appeal
Decision or order Decision not published
Full name Norman John O’Bryan
Business address * Aickin Chambers 28f/200 Queen Street Melbourne VIC 3000
Date(s) of admission 31 March 1988, 01 April 1984
Jurisdiction(s) of admission
  • Victoria
  • South Australia
Home jurisdiction * Victoria
Substance of Conduct Matter - Dishonest charging practices; - Contravention of obligations to act honestly, not to mislead or deceive, and to ensure legal costs were reasonable and proportionate; - Deceiving Court and others; and - Attempting to collude with witnesses so as to mislead the Court
Decision Remove name from Roll under section 89(6) - already struck off in Victoria
Date of decision 31 August 2023
Disciplinary action taken
  • Name removed from Roll of Legal Practitioners
Notes
Regulatory authority Supreme Court
Appeal
Decision or order Link to published decision