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.

Lawyer name

Date of decision	Full name	Decision	Disciplinary action taken
2022	Catherine Jayne Moyse	Professional Misconduct	Multiple Disciplinary Action
Full name Catherine Jayne Moyse Business address * PO Box 117 FULLARTON SA 5063 Date(s) of admission 07 August 2007 Jurisdiction(s) of admission South Australia Home jurisdiction * South Australia Substance of Conduct Matter Following a plea of guilty, the Practitioner was convicted and fined in relation to the offence that: Between 10 May 2020 and 29 May 2020 at Adelaide in the State of South Australia, she did conspire for Robert Bruce Harrap to improperly exercise power or influence that he had by virtue of his position in relation to the matter of Hamish Nicholas James. Contrary to common law and section 251(1)(a) of the Criminal Law Consolidation Act 1935. Breach of Australian Solicitors' Conduct Rules 5.1.1 and 5.1.2, by engaging in conduct which to a material degree diminished the public confidence in the administration of justice and brought the profession into disrepute. Decision Professional Misconduct Date of decision 27 July 2022 Disciplinary action taken Multiple Disciplinary Action Conditions on Practising Certificate Reprimand Undertake training, education or counselling Notes In relation to the order imposing specified conditions on the Practitioner's practising certificate, those conditions are: (a) for a period of 12 months after the making of the order, in conducting her legal practice, the Practitioner will not, without obtaining the prior authority of the Commissioner: (i) accept instructions to act for any client outside the practice areas of Wills and Estates, Powers of Attorney, Advanced Care Directives or other non- litigious matters; (ii) appear in any Court or Tribunal in relation to a client matter except as an instructing solicitor to Counsel; and (iii) act for, or witness any Statutory Declaration or Affidavit for, any family member or other close personal acquaintance; (b) that the Practitioner within two years: (i) complete the following education or training: (A) two (2) additional professional development units in legal ethics; and in that regard: (B) the education or training should be undertaken on or before 31 July 2024; (C) the Practitioner should provide evidence of having undertaken that education or training no later than 31 August 2024; (D) each of those units of training should be in addition to the Practitioner's compulsory MCPD units. The disciplinary proceedings ran in parallel to section 20AH Show Cause Proceedings in the Supreme Court. In those proceedings the Practitioner gave a series of written undertakings in relation to the conduct of her legal practice on 2 October 2020. On 5 February 2021 the Supreme Court imposed conditions on the Practitioner's practising certificate until 31 December 2021, including that: 1.1. The Practitioner be subject to supervision by Mr David Smith QC (Supervisor) in the conduct of her legal practice. 1.2. The Practitioner procure a written report about her practice from the Supervisor and arrange for the provision of that report to each of the Commissioner and the Law Society once every three months. 1.3. The Practitioner ensure the Supervisor’s quarterly reports include details of the matters handled by her including the area of law and the current status, an assessment of the Practitioner’s compliance or otherwise with the conditions on her practising certificate, an assessment of her level of cooperation with the Supervisor, and any other matter that has come to the attention of the Supervisor that impacts, or may impact, the Practitioner’s ability to practise or to meet the needs of her clients. 1.4. The Practitioner will not, without obtaining the prior authority of the Commissioner: 1.4.1. Accept instructions to act for any client outside the practice areas of Wills and Estates, Powers of Attorney, Advance Care Directives or other non-litigious matters; or 1.4.2. Appear in any Court or Tribunal in relation to a client matter except as an instructing solicitor to Counsel. 1.5. Before accepting instructions from a new client the Practitioner will provide written notification to that client of the conditions on her practising certificate; 1.6. The Practitioner will not act for, or take or witness any Statutory Declaration or Affidavit for, any family member or any other close personal acquaintance; and 1.7. The Practitioner will provide such information about her practice as may be reasonably required by the Commissioner or the Law Society. In determining what disciplinary action he should take, the Commissioner took into account the conditions imposed on the Practitioner's practising certificate by the Supreme Court and that the Practitioner had diligently complied with all of those conditions. Regulatory authority Legal Profession Conduct Commissioner Appeal Decision or order Decision not published
2022	Russell John Cole	Professional Misconduct	Multiple Disciplinary Action
Full name Russell John Cole Business address * 97 Dyson Road CHRISTIES BEACH SA 5165 Date(s) of admission 05 April 1976 Jurisdiction(s) of admission South Australia Home jurisdiction * South Australia Substance of Conduct Matter 1. Failed to protect and act in the client’s best interests; 2. Failed to make notes or record advice the practitioner gave the client in relation to the client’s choice as to whether or not to give evidence; and 3. Failed to obtain signed instructions from the client as to whether he wanted to give evidence or remain silent. Decision Professional Misconduct Date of decision 26 July 2022 Disciplinary action taken Multiple Disciplinary Action Conditions on Practising Certificate Fine Reprimand Notes Fine amount $3,000.00. Regulatory authority Legal Profession Conduct Commissioner Appeal Decision or order Decision not published
2022	William Chau	Professional Misconduct	Multiple Disciplinary Action
Full name William Chau Business address * Suite 817, 147 Pirie Street ADELAIDE SA 5000 Date(s) of admission 14 April 2009 Jurisdiction(s) of admission South Australia Home jurisdiction * South Australia Substance of Conduct Matter Failure to deposit substantial amounts of trust money into a trust account Decision Professional Misconduct Date of decision 28 June 2022 Disciplinary action taken Multiple Disciplinary Action Conditions on Practising Certificate Fine Reprimand Undertake training, education or counselling Notes Fine of $9,000 to be paid in instalments over 24 months. Additional units of Mandatory Continuing Professional Education to be 3 units of training in trust accounting. Regulatory authority Legal Profession Conduct Commissioner Appeal Decision or order Decision not published
2022	Roxanne Marie McCardle	Unsatisfactory Profession Conduct	Recommend that proceedings be commenced in the Supreme Court
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 Failure to adequately respond to two (2) Notices served under Schedule 4, Clause 4(1) of the Legal Practitioners Act 1981 Decision Unsatisfactory Profession Conduct Date of decision 03 June 2022 Disciplinary action taken Recommend that proceedings be commenced in the Supreme Court Notes Regulatory authority Legal Practitioners Disciplinary Tribunal Appeal Decision or order Link to published decision
2022	Stephen Patrick McNamara	The Practitioner’s name be struck off the Roll of Legal Practitioners.	Name removed from Roll of Legal Practitioners
Full name Stephen Patrick McNamara Business address * C/- Department for Correctional Services Date(s) of admission 07 February 1978 Jurisdiction(s) of admission South Australia Home jurisdiction * South Australia Substance of Conduct Matter Found guilty of a serious offence Decision The Practitioner’s name be struck off the Roll of Legal Practitioners. Date of decision 10 March 2022 Disciplinary action taken Name removed from Roll of Legal Practitioners Struck off Notes Regulatory authority Supreme Court Appeal Decision or order Link to published decision

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Disciplinary Register

The Register of Disciplinary Action contains information about lawyers who have been disciplined

Below you can search the Register by lawyer’s name and/or the disciplinary action taken, or view the entire Register.

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