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
2020	David Fullerton Cleland	Professional Misconduct	Recommend that proceedings be commenced in the Supreme Court
Full name David Fullerton Cleland Business address * 123 Wright Street ADELADE SA 5000 Date(s) of admission Jurisdiction(s) of admission South Australia Home jurisdiction * South Australia Substance of Conduct Matter In preparing a will for an elderly relative, the Practitioner engaged in a course of conduct from October 2014-December 2014 involving the failure to comply with his professional obligations. The Practitioner was found guilty of seven counts of professional misconduct including: breaching his fiduciary duty to his client as he preferred his interests to those of his client; placing himself in a position of conflict by preparing wills for and on behalf of his client when he was both executor and beneficiary; not obtaining informed consent from his client; not assessing his client’s testamentary capacity; and not ensuring his client sought and obtained independent legal advice. The Tribunal found that he engaged in that conduct in circumstances in which failing to honour his obligations could have meant there could have been challenges to each of the wills. Decision Professional Misconduct Date of decision 09 October 2020 Disciplinary action taken Recommend that proceedings be commenced in the Supreme Court Notes Matter currently referred to the Full Court of the Supreme Court for consideration of the appropriate disciplinary action. Regulatory authority Legal Practitioners Disciplinary Tribunal Appeal Decision or order Link to published decision , Link to published decision
2020	Colin Edward Dorrian	Struck off	Struck off
Full name Colin Edward Dorrian Business address * 6 Todd Street, Port Adelaide SA 5015 Date(s) of admission 18 December 1989 Jurisdiction(s) of admission South Australia Home jurisdiction * South Australia Substance of Conduct Matter Failure to comply with Schedule 4 notices, practise when suspended, breach undertaking Decision Struck off Date of decision 04 September 2020 Disciplinary action taken Struck off Notes Commissioner’s costs of Tribunal and Supreme Court proceedings to be paid by former practitioner. Regulatory authority Supreme Court Appeal Decision or order Link to published decision
2020	Damien Andrew O’Dea	Professional Misconduct	Multiple Disciplinary Action
Full name Damien Andrew O’Dea Business address * O’Dea Lawyers 1130 South Road, Clovelly Park SA 5042 Date(s) of admission 12 November 2007 Jurisdiction(s) of admission South Australia Home jurisdiction * South Australia Substance of Conduct Matter The Practitioner engaged in a course of conduct involving the failure to comply with his professional obligations. In particular: - In relation to two separate applications to the Law Society to be treated as a “low income sole practitioner” for the purposes of the Professional Indemnity Insurance Scheme, the Practitioner failed to comply with certain undertakings given to the Society as part of the applications. - In relation to a particular employment arrangement entered into by the Practitioner with an employee, the Practitioner failed to comply with his statutory obligations in relation to those arrangements. - In relation to a matter in the Federal Circuit Court in which he was personally involved, the Practitioner failed to comply with various orders of the Court. - In relation to a matter in the Federal Court involving his firm, the Practitioner failed to comply with an order of the Court and to appear at a hearing before the Court. Decision Professional Misconduct Date of decision 16 July 2020 Disciplinary action taken Multiple Disciplinary Action Fine Reprimand Undertake training, education or counselling Notes 1. Fine in the amount of $10,000, payable by instalments over a 28 month period. 2. Conditions on the Practising Certificate requiring the Practitioner to undertake certain specified professional development in both the 2020/21 MCPD year and the 2021/22 MCPD year. Regulatory authority Legal Profession Conduct Commissioner Appeal Decision or order Decision not published
2020	Gregory Charles Anderson	Professional Misconduct	Multiple Disciplinary Action
Full name Gregory Charles Anderson Business address * Formerly 165 Main North Road CLARE SA 5453 Date(s) of admission 03 April 1975 Jurisdiction(s) of admission South Australia Home jurisdiction * South Australia Substance of Conduct Matter Falsifying client signature on settlement statement, failing to obtain written authority from both vendor and purchaser to act for both sides in conveyance. Decision Professional Misconduct Date of decision 29 May 2020 Disciplinary action taken Multiple Disciplinary Action Fine Reprimand Notes Fine in the amount of $4,000.00. The fine may be paid in 10 monthly instalments of $400.00. The Practitioner has retired from legal practice. Regulatory authority Legal Profession Conduct Commissioner Appeal Decision or order Decision not published
2020	Matthew Peter Thompson	Professional Misconduct	Multiple Disciplinary Action
Full name Matthew Peter Thompson Business address * Level 1, 447 Morphett Street Adelaide SA 5000 Date(s) of admission 12 February 2001 Jurisdiction(s) of admission South Australia Home jurisdiction * South Australia Substance of Conduct Matter The Practitioner is a registered Migration Agent. He sought a particular visa for an applicant. The application was refused by the Department of Immigration and Border Protection. The Practitioner failed to advise the applicant of that refusal. He then lodged an appeal with the Administrative Appeals Tribunal against that refusal despite having no instructions to do so. There was delay in notifying the applicant of the fact of the refusal and the lodgement of the appeal Decision Professional Misconduct Date of decision 20 May 2020 Disciplinary action taken Multiple Disciplinary Action Fine Order to apologise Reprimand Notes Fine in the amount of $5,000.00 to be paid by instalment. Regulatory authority Legal Profession Conduct Commissioner Appeal Decision or order Decision not published