Council of the New South Wales Bar Association v Raphael [2021] NSWCATOD 44

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Council of the New South Wales Bar Association v Raphael [2021] NSWCATOD 44 Hearing dates: 21 December 2020 Date of orders: 16 April 2021 Decision date: 16 April 2021 Jurisdiction: Occupational Division Before: Hennessy ADCJ, Deputy President P Callaghan SC, Principal Member E Hayes, General Member Decision: (1) Complaints 1, 3, 4 and 5 are withdrawn and dismissed. (2) The Respondent is guilty of unsatisfactory professional conduct as alleged in Complaint 2. (3) The Respondent is reprimanded. (4) The Respondent is to undergo, at his own cost, a combination of education and counselling for at least eight hours, the details of which are to be determined by the Applicant. (5) Any application for costs will be determined 'on the papers' following submissions from both parties. Catchwords: OCCUPATIONS — legal practitioners — barristers — unsatisfactory professional conduct — where barrister admits sexually harassing female solicitor — extent of insight and understanding of nature of behaviour and effect on victims — counselling necessary to address behaviour Legislation Cited: Anti-Discrimination Act 1977 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Evidence Act 1995 (NSW) Legal Profession Uniform Conduct (Barristers) Rules 2015 (NSW) Legal Profession Uniform Law Application Act 2014 (NSW) Legal Profession Uniform Law (NSW) Sex Discrimination Act 1984 (Cth) Cases Cited: Council of the New South Wales Bar Association v Levick (No 2) [2018] NSWCATOD 108 Council of the New South Wales Bar Association v Raphael [2007] NSWADT 201 NSW Bar Association v Meakes [2006] NSWCA 340 O'Callaghan v Loder [1983] 3 NSWLR 89 Richardson v Oracle Corp (Australia) Pty Ltd (2014) 223 FCR 334; [2014] FCAFC 82 Texts Cited: Neil Rees, Simon Rice and Dominique Allen, Australian Anti-Discrimination and Equal Opportunity Law (3rd ed, 2018, The Federation Press) K Nomchong SC, "Sexual harassment and the judiciary" (July 2020) 32(6) Judicial Officers' Bulletin 55 The Hon T F Bathurst, Chief Justice of New South Wales, "Trust in the Judiciary" (2021 Opening of Law Term Address, Hyatt Regency Sydney, 3 February 2021) https://www.supremecourt.justice.nsw.gov.au/Documents/Publications/Speeches/2021%20Speeches/Bathurst_20210203.pdf Category: Principal judgment Parties: Council of the New South Wales Bar Association (Applicant) David Keith Louis Raphael (Respondent) Representation: Counsel: P Dwyer (Applicant) C Webster SC (Respondent)