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Number of complaints against NSW barristers soars by 43%
In the last 12 months, the Office of the Legal Services Commission referred over 100 complaints against barristers to the NSW Bar.
Naomi Neilson
In its 2023–24 annual report published this week, the NSW Bar Council revealed the number of complaints referred to it by the Office of the Legal Services Commission (OLSC) has jumped from 77 to 102, representing a 43 per cent increase.
“Notwithstanding the increase in complaint numbers, the department continues to work on strategies for increasing efficiency in complaint handling with the goal of decreasing the time taken to finalise the investigation of the complaints,” the Bar Council said.
Over the last 12 months, the Bar Council reported it investigated 177 complaints, of which 102 were received this year. Over 70 complaints were not resolved by the end of the period and are ongoing.
Out of 88 matters, a majority were closed for being misconceived, lacking in substance, or otherwise “not capable to amount to unsatisfactory professional conduct or professional misconduct”.
Sixteen of the 33 leftover complaints ended with a barrister being cautioned or reprimanded, seven were withdrawn, three were referred to the OLSC due to conflict of interest or jurisdictional issues, and one was referred to the NSW Civil and Administrative Tribunal (NCAT).
According to NCAT, proceedings brought by the Bar Council against Patrick Fordham Mack were heard in August and concerned an allegation he took $3,000 from the mother of a man charged with various criminal offences despite not holding a practising certificate.
Justice Ian Coleman SC said the conduct reflected poorly on Mack and “was likely to bring the profession into disrepute”.
Proceedings against Christian Roger de Robillard for making baseless allegations against a principal lawyer also continued in 2023–24.
In April, NCAT found Charles Waterstreet guilty of unsatisfactory professional conduct for sexually harassing a law student, a woman who interviewed for a job with him, and a legal assistant.
Senior member Harry Dixon and general member Mary Bolt said Waterstreet engaged in a “substantial failure to maintain a reasonable standard of diligence in his behaviour as a barrister”.
The majority of complaints received over the 2023–24 reporting period were made by a barrister’s current or former client, followed by an opposing party, solicitor or barrister, or by the Bar Council itself.
Most of the complaints concerned ethical matters, but this was followed closely by competence and diligence concerns and issues with costs, personal conduct and communication.
Under the Legal Profession Uniform Law, barristers must also notify the Bar Council of automatic show cause events, being bankruptcy matters or a conviction of a serious offence. The Bar Council reported it received one show cause notice.
“The ongoing analysis of trends in the complexion of complaints is also shared with the professional standards department to assist in the development of education and training on the issues that arise the most frequently in complaint matters,” the Bar Council said.
Naomi Neilson
Naomi Neilson is a senior journalist with a focus on court reporting for Lawyers Weekly.
You can email Naomi at:
