Legal Profession Conduct Commissioner v O'BRYAN

The Legal Profession Conduct Commissioner brought disciplinary proceedings against Mr O'Bryan, a legal practitioner. The dispute concerned allegations of professional misconduct. The matter was heard by the Full Court of the Supreme Court of South Australia.

The central legal issue before the Court was whether Mr O'Bryan's conduct constituted professional misconduct of such a serious nature as to warrant his removal from the Roll of legal practitioners.

The Court, in reaching its decision, adopted the finding of Justice Dixon that the case presented "no clearer case of professional misconduct warranting removal from the Roll". This indicates the Court found the conduct to be exceptionally grave.

Consequently, pursuant to section 89(6) of the *Legal Practitioners Act 1981* (SA), the Court ordered that Mr O'Bryan's name be removed from the Roll of legal practitioners. Mr O'Bryan was also ordered to pay the Commissioner's costs.