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 | |
|---|---|---|---|---|
| 2024 | Roxanne Marie McCardle | Professional Misconduct (in WA) | Other | |
|
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
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
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
Decision or order
Link to published decision , Link to published decision
|
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| 2024 | Christian Hugo Cifuentes | Professional Misconduct | Multiple Disciplinary Action | |
|
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
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
Notes
Practitioner has undergone further training and education regarding trust accounting.
Regulatory authority
Legal Professional Conduct Commissioner
Appeal
Decision or order
Decision not published
|
||||
| 2024 | Atanas Michael Radin | Struck off Roll | Struck off | |
|
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
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
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
|
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| 2023 | Brendan Peter Connell | Professional Misconduct | Multiple Disciplinary Action | |
|
Full name
Brendan Peter Connell
Business address *
94 Sturt Street ADELAIDE SA 5000
Date(s) of admission
20 December 1982
Jurisdiction(s) of admission
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
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
|
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| 2023 | Norman John O’Bryan | Remove name from Roll under section 89(6) - already struck off in Victoria | Name removed from Roll of Legal Practitioners | |
|
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
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
Notes
Regulatory authority
Supreme Court
Appeal
Decision or order
Link to published decision
|
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