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 is still in effect as at 1 July 2014) are on the Register. Some information isn't 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 Act and the Regulations were amended as from 30 July 2017 so that, in some cases, the Commissioner now has the discretion to remove information that he had previously included on the Register. However, he 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
2021	David Fullerton Cleland	Professional Misconduct	Multiple Disciplinary Action
Full name David Fullerton Cleland Business address * 89 Hewitt Avenue TOORAK GARDENS SA 5065 Date(s) of admission 12 February 2001 Jurisdiction(s) of admission South Australia Home jurisdiction * South Australia Substance of Conduct Matter The Practitioner prepared two wills for his 87 year old aunt in 2014 in circumstances in which he was the primary beneficiary. The Practitioner prepared the two wills without assessing the testamentary capacity of his aunt, without considering his ethical and fiduciary duties, without keeping notes of his instructions from his aunt, without regard to the position of conflict he was in and without advising his aunt to obtain independent legal advice. Decision Professional Misconduct Date of decision 17 March 2021 Disciplinary action taken Multiple Disciplinary Action Conditions on Practising Certificate Fine Reprimand Suspension of Practising Certificate Notes The Court of Appeal reprimanded the Practitioner, imposed a fine of $50,000, suspended him from practice as a legal practitioner for six months commencing Monday 22 February 2021, and ordered that it would be a condition on any practising certificate issued to the Practitioner that he is prohibited from engaging in any legal work involving the drawing or execution of any will or other testamentary instrument. The Practitioner does not currently hold a practising certificate. The Court of Appeal suspended him from practice for a period of 6 months from the date of the Order of the Court of Appeal, which was 22 February 2021. Date of decision was 17 March 2021 (though date of suspension order is 22 February 2021) Regulatory authority Appeal Decision or order Link to published decision
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 1. Unsure (10 December 2010) 2. South Australia (16 February 2011) Home jurisdiction * Substance of Conduct Matter Misappropriation of trust money in the amount of $3,000.00 paid by client for anticipated legal fees. Decision Professional Misconduct Date of decision 10 March 2021 Disciplinary action taken Multiple Disciplinary Action Fine Make a payment Reprimand Notes Fine of $1,000.00 to be paid by 31 October 2021 Payment of $3,000.00 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 him for his 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
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 1. Unsure (10 December 2010) 2. South Australia (16 February 2011) 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 Multiple Disciplinary Action Fine Make a payment Order to apologise Reprimand 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
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 South Australia 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 Multiple Disciplinary Action Order to apologise Refrain from doing something Reprimand 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
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 South Australia 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 Multiple Disciplinary Action Fine Reprimand Notes Fine of $2,000 Regulatory authority Legal Profession Conduct Commissioner Appeal Decision or order Decision not published