Date of decision Full name Decision Disciplinary action taken  
Full name Catherine Jayne Moyse
Business address * PO Box 117 FULLARTON SA 5063
Date(s) of admission 07 August 2007
Jurisdiction(s) of admission
  • South Australia
Home jurisdiction * South Australia
Substance of Conduct Matter Following a plea of guilty, the Practitioner was convicted and fined in relation to the offence that: Between 10 May 2020 and 29 May 2020 at Adelaide in the State of South Australia, she did conspire for Robert Bruce Harrap to improperly exercise power or influence that he had by virtue of his position in relation to the matter of Hamish Nicholas James. Contrary to common law and section 251(1)(a) of the Criminal Law Consolidation Act 1935. Breach of Australian Solicitors' Conduct Rules 5.1.1 and 5.1.2, by engaging in conduct which to a material degree diminished the public confidence in the administration of justice and brought the profession into disrepute.
Decision Professional Misconduct
Date of decision 27 July 2022
Disciplinary action taken
  • Multiple Disciplinary Action
  • Conditions on Practising Certificate
  • Reprimand
  • Undertake training, education or counselling
Notes In relation to the order imposing specified conditions on the Practitioner's practising certificate, those conditions are: (a) for a period of 12 months after the making of the order, in conducting her legal practice, the Practitioner will not, without obtaining the prior authority of the Commissioner: (i) accept instructions to act for any client outside the practice areas of Wills and Estates, Powers of Attorney, Advanced Care Directives or other non- litigious matters; (ii) appear in any Court or Tribunal in relation to a client matter except as an instructing solicitor to Counsel; and (iii) act for, or witness any Statutory Declaration or Affidavit for, any family member or other close personal acquaintance; (b) that the Practitioner within two years: (i) complete the following education or training: (A) two (2) additional professional development units in legal ethics; and in that regard: (B) the education or training should be undertaken on or before 31 July 2024; (C) the Practitioner should provide evidence of having undertaken that education or training no later than 31 August 2024; (D) each of those units of training should be in addition to the Practitioner's compulsory MCPD units. The disciplinary proceedings ran in parallel to section 20AH Show Cause Proceedings in the Supreme Court. In those proceedings the Practitioner gave a series of written undertakings in relation to the conduct of her legal practice on 2 October 2020. On 5 February 2021 the Supreme Court imposed conditions on the Practitioner's practising certificate until 31 December 2021, including that: 1.1. The Practitioner be subject to supervision by Mr David Smith QC (Supervisor) in the conduct of her legal practice. 1.2. The Practitioner procure a written report about her practice from the Supervisor and arrange for the provision of that report to each of the Commissioner and the Law Society once every three months. 1.3. The Practitioner ensure the Supervisor’s quarterly reports include details of the matters handled by her including the area of law and the current status, an assessment of the Practitioner’s compliance or otherwise with the conditions on her practising certificate, an assessment of her level of cooperation with the Supervisor, and any other matter that has come to the attention of the Supervisor that impacts, or may impact, the Practitioner’s ability to practise or to meet the needs of her clients. 1.4. The Practitioner will not, without obtaining the prior authority of the Commissioner: 1.4.1. Accept instructions to act for any client outside the practice areas of Wills and Estates, Powers of Attorney, Advance Care Directives or other non-litigious matters; or 1.4.2. Appear in any Court or Tribunal in relation to a client matter except as an instructing solicitor to Counsel. 1.5. Before accepting instructions from a new client the Practitioner will provide written notification to that client of the conditions on her practising certificate; 1.6. The Practitioner will not act for, or take or witness any Statutory Declaration or Affidavit for, any family member or any other close personal acquaintance; and 1.7. The Practitioner will provide such information about her practice as may be reasonably required by the Commissioner or the Law Society. In determining what disciplinary action he should take, the Commissioner took into account the conditions imposed on the Practitioner's practising certificate by the Supreme Court and that the Practitioner had diligently complied with all of those conditions.
Regulatory authority Legal Profession Conduct Commissioner
Appeal
Decision or order Decision not published
Full name Russell John Cole
Business address * 97 Dyson Road CHRISTIES BEACH SA 5165
Date(s) of admission 05 April 1976
Jurisdiction(s) of admission
  • South Australia
Home jurisdiction * South Australia
Substance of Conduct Matter 1. Failed to protect and act in the client’s best interests; 2. Failed to make notes or record advice the practitioner gave the client in relation to the client’s choice as to whether or not to give evidence; and 3. Failed to obtain signed instructions from the client as to whether he wanted to give evidence or remain silent.
Decision Professional Misconduct
Date of decision 26 July 2022
Disciplinary action taken
  • Multiple Disciplinary Action
  • Conditions on Practising Certificate
  • Fine
  • Reprimand
Notes Fine amount $3,000.00.
Regulatory authority Legal Profession Conduct Commissioner
Appeal
Decision or order Decision not published
Full name William Chau
Business address * Suite 817, 147 Pirie Street ADELAIDE SA 5000
Date(s) of admission 14 April 2009
Jurisdiction(s) of admission
  • South Australia
Home jurisdiction * South Australia
Substance of Conduct Matter Failure to deposit substantial amounts of trust money into a trust account
Decision Professional Misconduct
Date of decision 28 June 2022
Disciplinary action taken
  • Multiple Disciplinary Action
  • Conditions on Practising Certificate
  • Fine
  • Reprimand
  • Undertake training, education or counselling
Notes Fine of $9,000 to be paid in instalments over 24 months. Additional units of Mandatory Continuing Professional Education to be 3 units of training in trust accounting.
Regulatory authority Legal Profession Conduct Commissioner
Appeal
Decision or order Decision not published
Full name Stephen Patrick McNamara
Business address * C/- Department for Correctional Services
Date(s) of admission 07 February 1978
Jurisdiction(s) of admission
  • South Australia
Home jurisdiction * South Australia
Substance of Conduct Matter Found guilty of a serious offence
Decision The Practitioner’s name be struck off the Roll of Legal Practitioners.
Date of decision 10 March 2022
Disciplinary action taken
  • Name removed from Roll of Legal Practitioners
  • Struck off
Notes
Regulatory authority Supreme Court
Appeal
Decision or order Link to published decision
Full name Ms Christie Lee Rigg
Business address * Level 3, 169 Fullarton Road DULWICH SA 5065
Date(s) of admission 21 September 2015
Jurisdiction(s) of admission
  • South Australia
Home jurisdiction * South Australia
Substance of Conduct Matter Lack of progress and communication regarding a deceased estate, failure to refund filing fee paid once instructions terminated.
Decision Professional Misconduct
Date of decision 08 March 2022
Disciplinary action taken
  • Multiple Disciplinary Action
  • Fine
  • Make a payment
  • Order to apologise
  • Refrain from doing something
  • Reprimand
Notes Practitioner is to refrain from charging for any work done and is to refund the filing fee paid by the Complainant Executor. Additional Comments or instructions: The amount of the fine is $2 500.00.
Regulatory authority Legal Profession Conduct Commissioner
Appeal
Decision or order Decision not published