Date of decision Full name Decision Disciplinary action taken  
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
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
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 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 1. By Determination dated 20 May 2020, the Commissioner took certain disciplinary action against the Practitioner, including an order that the Practitioner apologise to persons affected by his conduct that was the subject of that Determination. 2. The Practitioner did not strictly comply with the requirements of the Determination in that respect. 3. The Practitioner’s conduct in not complying with the terms of that Determination amounted to professional misconduct by virtue of section 77J(10) of the Legal Practitioners Act.
Decision Professional Misconduct
Date of decision 12 January 2021
Disciplinary action taken
  • Reprimand
Notes
Regulatory authority Legal Profession Conduct Commissioner
Appeal
Decision or order Decision not published