Date of decision Full name Decision Disciplinary action taken  
Full name John Patrick Davey
Business address * PO BOx 2119, Oak Park, Victoria 3046
Date(s) of admission 01 May 2002, 31 May 1995, 05 September 1994
Jurisdiction(s) of admission
  • South Australia
  • Victoria
  • ACT
Home jurisdiction * Victoria
Substance of Conduct Matter Misleading/attempting to mislead ACAT & ACT Law Society. Breach of undertaking. Making false representations to ACT Law Society. Giving false evidence. Swearing an affidavit in which practitioner made false statements. Calling evidence that the practitioner knew was false. Filing an application in the ACT Supreme Court on a premise that the practitioner knew to be false.
Decision Name struck off Roll in SA
Date of decision 01 February 2021
Disciplinary action taken
  • Struck off
Notes Application made pursuant to section 89(6) of the Legal Practitioner’s Act, 1981 to strike off in SA relying on disqualification in ACT.
Regulatory authority Supreme Court of ACT
Appeal
Full name Kieren Francis Moore
Business address * 4 Purbrick Street, Wynn Vale, SA 5127
Date(s) of admission 08 October 2002
Jurisdiction(s) of admission
  • South Australia
Home jurisdiction * South Australia
Substance of Conduct Matter (1) Failure to deposit trust money into a trust account; intermixing of trust money with other money; misappropriation of trust money; failure to keep trust records; failure to account to client for trust money; permitting cash withdrawals of trust money; failure to maintain a trust ledger; failure to issue trust receipts and trust account statements (Cassoudakis charge) (2)Delay and failure to act on instructions in Estate matter (Lucia Charge);
Decision Unprofessional Conduct & Professional Misconduct
Date of decision 14 January 2021
Disciplinary action taken
  • Recommend that proceedings be commenced in the Supreme Court
Notes
Regulatory authority Legal Practitioners Disciplinary Tribunal
Appeal
Full name Jennifer Ann Hirst
Business address * 3/345 King William Street ADELAIDE 5000
Date(s) of admission 27 August 2012
Jurisdiction(s) of admission
  • South Australia
Home jurisdiction * South Australia
Substance of Conduct Matter (i) The Practitioner was ordered by a court to prepare a joint letter between the parties to family law proceedings in order to arrange a joint valuation of property. (ii) The Practitioner represented a client husband in the family law proceedings. During the course of those family law proceedings the Practitioner prepared a back dated letter which she sent to the practitioner representing the wife in the family law proceedings. The backdated letter made misrepresentations to the wife’s practitioner. The Practitioner prepared the backdated letter as she preferred her own interests to that of her client’s. (iii) The Practitioner employed a practitioner (the employee) who held a restricted practising certificate. The Practitioner failed to properly supervise this practitioner. (iv) The Practitioner in her back dated letter to the wife’s practitioner blamed her employee for failing to prepare the letter in time. (v) The Practitioner knowingly made false statements in her back dated letter to the wife’s practitioner. (vi) The Practitioner failed to fully inform her client.
Decision Finding of professional misconduct pursuant to section 77J(2)
Date of decision 03 December 2020
Disciplinary action taken
  • Multiple Disciplinary Action
  • Conditions on Practising Certificate
  • Fine
  • Order to apologise
  • Reprimand
  • Undertake training, education or counselling
Notes 1. Fine of $10,000, to be paid in 10 consecutive monthly instalments of $1,000 each. 2. Certain education and training to be completed by 31 March 2021. 3. The Practitioner must not employ a legal practitioner holding a restricted practising certificate until such time as she completes that education and training.
Regulatory authority Legal Profession Conduct Commissioner
Appeal
Decision or order Decision not published
Full name Amanda Louise Gregory
Business address * 9 King William Road UNLEY SA 5061
Date(s) of admission 06 April 1999
Jurisdiction(s) of admission
  • South Australia
Home jurisdiction * South Australia
Substance of Conduct Matter In relation to the administration of a deceased estate of which she was the sole executor, the Practitioner: • failed to maintain an adequate record of the instructions of the testator; • inappropriately charged to the estate, without proper entitlement and/or authority, her professional fees and certain expenses to personally travel overseas to deliver the ashes of the deceased to his country of birth; and • (by reason of that inappropriate charging) breached the fiduciary obligations she owed to the estate as solicitor/executor to act in the best interest of the estate.
Decision Professional Misconduct
Date of decision 18 November 2020
Disciplinary action taken
  • Multiple Disciplinary Action
  • Conditions on Practising Certificate
  • Make a payment
  • Reprimand
Notes The Commissioner ordered the Practitioner to: • undertake 3 specific units of professional development; and • repay $10,000 to the residuary beneficiaries of the deceased estate. The Practitioner has also given undertakings that restrict, for a period of 3 years, the type of work the Practitioner can undertake as an executor.
Regulatory authority Legal Profession Conduct Commissioner
Appeal
Decision or order Decision not published
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
  • South Australia
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
  • Struck off and Re-admitted
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