Date of decision Full name Decision Disciplinary action taken
Full name Kathleen Anne Chambers
Date of birth 22 May 1960
Business address * KC Lawyers, Unit 2, 196 Main Road, Blackwood SA 5051
Date(s) of admission 12 May 1994
Jurisdiction(s) of admission South Australia
Home jurisdiction * South Australia
Substance of Conduct Matter Failed to communicate with her client in a timely and professional fashion. Terminated her client's retainer without reasonable excuse. Failed to release her client's file to his new solicitor in a timely fashion. Failed to follow her client's instructions to file a Notice of Dispute with the Workers Compensation Tribunal. Made a false statement to her client's new solicitor that she did not hold any documents on behalf of her client, when she did.
Decision Professional Misconduct
Date of decision 07 December 2016
Disciplinary action taken Reprimand
Order to apologise
Fine
Refrain from doing something
Notes Fined $7,500.00. Ordered to apologise to client and client's new solicitor. Ordered to refrain from charging her client any legal costs in excess of what she could recover from ReturnToWork (SA).
Regulatory authority Legal Profession Conduct Commissioner
Appeal
Decision or order Decision not published
Full name David Vahid Humphrey
Date of birth 16 February 1962
Business address * Andersons Solicitors, Shop 7, Southgate Plaza Shopping Centre, 90-108 Sheriffs Road, MORPHETT VALE SA 5162
Date(s) of admission 01 November 1986
16 December 2002
Jurisdiction(s) of admission Interstate
South Australia
Home jurisdiction * South Australia
Substance of Conduct Matter The practitioner was the executor/trustee of a deceased estate. He had overcharged the estate nearly $20,000 for his legal work on the estate. The practitioner failed to reimburse that amount to the estate within a reasonable period from when he became aware of the overcharge. The practitioner intermixed monies in his own account with trust monies of the estate in breach of clause 21 of schedule 2 of the Legal Practitioners Act. The practitioner intentionally and/or recklessly misled the Commissioner by representing to the Commissioner that the practitioner had refunded that amount to the estate when he had not done so.
Decision Professional Misconduct
Date of decision 06 December 2016
Disciplinary action taken Reprimand
Fine
Suspension of Practising Certificate
Enter into a Professional Mentoring Agreement
Notes The practitioner was fined $10,000. The practitioner was ordered to enter into a Professional Mentoring Agreement. The practitioner's Practising Certificate was suspended for a period of 6 weeks, from 25 February 2017 to 8 April 2017.
Regulatory authority Legal Profession Conduct Commissioner
Appeal
Decision or order Decision not published
Full name Benedict Battiste
Date of birth 15 June 1950
Business address * 33 Northcote Street, Torrensville SA 5031
Date(s) of admission 06 December 1999
Jurisdiction(s) of admission South Australia
Home jurisdiction * South Australia
Substance of Conduct Matter In certain conveyancing matters in which the Practitioner acted for a purchaser,the Practitioner had the purchaser pay money into his trust account on account of stamp duty and registration fees. But, because the Practitioner didn't have a Revnet account, he paid those funds from his trust account to a conveyancer who then arranged for those fees to be paid from his Revnet account. Although the Practitioner obtained his client's verbal authority to do so, he did not obtain their written authority as required by Regulation 23 of the Legal Practitioners Regulations 2014.
Decision Professional Misconduct
Date of decision 30 November 2016
Disciplinary action taken Reprimand
Notes
Regulatory authority Legal Profession Conduct Commissioner
Appeal
Decision or order Decision not published
Full name Sydney Gordon Maidment
Date of birth 28 March 1940
Business address * 5 Clarke Street, Norwood SA 5067
Date(s) of admission 05 March 1963
Jurisdiction(s) of admission South Australia
Home jurisdiction * South Australia
Substance of Conduct Matter Grossly and inappropriately overcharged his client, in circumstances where he knew or ought to have known that his costs agreement was invalid, by charging more than Supreme Court Scale and by charging non-legal office expenses as legal costs.
Decision Unprofessional Conduct
Date of decision 30 November 2016
Disciplinary action taken Reprimand
Order to apologise
Fine
Refrain from doing something
Notes Fined $5,000.00. Ordered to apologise to his client. Ordered to refrain from including his service company or any non-legal entity in which he has a direct or indirect financial interest as a party in any costs and/or fees agreement between him and his clients. He also must not charge his clients costs for non-legal work by him or any related entity other than as a disbursement which has been authorised in writing by the client.
Regulatory authority Legal Profession Conduct Commissioner
Appeal
Decision or order Decision not published
Full name Gregory Donovan Gwynfor Morcom
Date of birth 20 September 1977
Business address * 11 First Street, Wingfield SA 5013
Date(s) of admission 10 October 2005
Jurisdiction(s) of admission South Australia
Home jurisdiction * South Australia
Substance of Conduct Matter Convictions for possession of child pornography and possession of a prescribed firearm without a licence, convictions for breach of bail, convictions for offences contrary to the Customs Act, 1901 (Cth), convictions for possession of prescribed equipment and prescription drugs without a prescription, breach of an undertaking given to the Supreme Court not to practise law, and numerous breaches of a suspended sentence bond and supervised bail agreement including by the use of methylamphetamine.
Decision Practitioner not a fit and proper person to remain a legal practioner
Date of decision 04 November 2016
Disciplinary action taken Struck off
Notes Appeal period expires 02/12/16
Regulatory authority Supreme Court of South Australia
Appeal
Decision or order Link to published decision