Tabled Paper - Parliament of Western Australia

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APP NO. DATE DELIVERED/ PRACTITIONER PUBLISHED 77/10 22.7.10 HARRISON, Ross Alan 103/10 13.5.11 FIDOCK, Steven Raymond 106/10 29.9.10 GEBARSKI, Allan Zbignew 107/10 8.6.11 GANDINI, Leonard ALLEGATION Charging not in accordance with costs agreement a) Acting in possible conflict b) Swearing misleading affidavits c) Making a condition of compromise of court case the withdrawal of complaint to LPCC Failing to disclose to client amount likely to be paid back to Centre link/failing to disclose to client ICWA agreement on Medicare amount a) Lack of competence in respect of an interlocutory matter b) Intentionally misled Supreme Court c) Intentionally misled another firm of legal practitioners FINDING & PENALTY Mediated outcome. Finding of unsatisfactory professional conduct. Compensation to client of $3,356.48 Fine $1,500 Costs $2,000 Finding of professional misconduct (a) & (b) and unsatisfactory professional conduct (c).* Awaiting decision on penalty Mediated outcome. Finding of unsatisfactory professional conduct. Fine $2,000 Compensation to client of $2,500 Costs $4,500 Finding professional misconduct (b) & (c) & unsatisfactory professional conduct (a).* Awaiting decision on penalty.
APP NO. DATE DELIVERED/ PRACTITIONER ALLEGATION FINDING & PENALTY PUBLISHED 151/10 12.11.10 TANG, Kelvin Ka Chuen Charging grossly excessive professional fees 153/10 21.6.11 DETATA, Mark Anthony 162/10 22.11.10 DUNN, Philip Alistair 164/10 23.12.10 LOVE, Dean Richard 197/10 16.3.11 COCK, Robert Enos 11/11 11.3.11 MAUGHAN, Andrew John Releasing trust account money in breach of undertaking Making highly derogatory and incorrect assertions about a witness's character Not treating a client fairly, in good faith or protecting the client's interests. Questioned a jury verdict/made statements which denigrated jurors Lack of diligence in acting on a client matter Mediated outcome. Finding of unsatisfactory professional conduct. Order that the practice be subject to 2 inspections by costs consultant at the practitioner's expense. Fine $3,500 Compensation to client of $9,000 Costs $3,500 Finding of professional misconduct. Awaiting decision on penalty as at 30.6.11. Mediated outcome. Finding of unsatisfactory professional conduct. Fine $5,000 Costs $2,000 Mediated outcome. Finding of unsatisfactory professional conduct. Fine $7,000 Compensation to client of $1,000 Costs $2,000 Mediated outcome. Finding of unsatisfactory professional conduct. Reprimand Costs $2,500 Mediated outcome. Finding of unsatisfactory professional conduct Fine $6,000 Costs $2,000
Page 1 and 2: (7)
Page 3 and 4: This report highlights the signific
Page 5 and 6: Ar Complain _:: °icer I am pleased
Page 7 and 8: Now the EDRMS is operational, I am
Page 9 and 10: ee 3.1 OUR ROLE, PURPOSES and OBJEC
Page 11 and 12: The Committee's day to day operatio
Page 13 and 14: 4.1 COMPLAINT HANDLING PROCESS The
Page 15 and 16: Sometimes, the Committee may direct
Page 17 and 18: From 13 December 2010 (when the Rap
Page 19 and 20: inat complaints 5.1 OVERVIEW AND KE
Page 21 and 22: Case Study 2 Loans to clients In th
Page 23 and 24: Grounds of unsatisfactory professio
Page 25 and 26: Grounds of unsatisfactory professio
Page 27 and 28: APP NO. DATE DELIVERED/ PUBLISHED 3
Page 29 and 30: APP NO. DATE PRACTITIONER ALLEGATIO
Page 31: APP NO. DATE DELIVERED/ PRACTITIONE
Page 35 and 36: Summary of SAT matters which were n
Page 37 and 38: 6.2 REVIEW APPLICATIONS Complainant
Page 39 and 40: Promoting Professio a ndards One of
Page 41 and 42: Practitioner Mentioned Total % 2009
Page 43 and 44: TABLE 3 COMPLAINTS OPENED BY TYPE O
Page 45 and 46: TABLE 5 COMPLAINTS OPENED BY AREAS
Page 47 and 48: TABLE 6 COMPLAINTS OPENED BY PRACTI
Page 49 and 50: TABLE 8 COMPLAINTS OPENED BY PRACTI
Page 51 and 52: TABLE 10 NUMBER OF PRACTITIONERS CO
Page 53 and 54: TABLE 12 COMPOSITION OF THE WA LEGA
Page 55 and 56: FREEDOM OF INFORMATION ACT 1992 ("F
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Tabled Paper - Parliament of Western Australia

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