Council of the New South Wales Bar Association v Waterstreet [2024] NSWCATOD 47

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Council of the New South Wales Bar Association v Waterstreet [2024] NSWCATOD 47 Hearing dates: 26 - 29 July 2022, 1 August 2022, 21 February 2023 and 2 April 2024 Date of orders: 12 April 2024 Decision date: 12 April 2024 Jurisdiction: Occupational Division Before: Cole DCJ H Dixon SC, Senior Member M Bolt, General Member Decision: The respondent has been found guilty of unsatisfactory professional conduct under ss 296 and 298(b) of the Legal Profession Uniform Law (NSW) and of professional misconduct under s 297(1)(a) of the Legal Profession Uniform Law (NSW). Orders: (1) This matter is listed for directions on 19 April 2024 at 9:30am. (2) Stage 2 of the hearing is listed for 12 and 13 August 2024. Catchwords: OCCUPATIONS — Legal practitioners — Barristers — Professional misconduct – Unsatisfactory Professional conduct – sexual harassment – breaches of Rules – transitional provisions regarding Rules Legislation Cited: Anti-Discrimination Act 1977 (NSW) Legal Profession Act 2004 Legal Profession Uniform Conduct (Barristers) Rules 2015 Legal Profession Uniform Law (NSW) Legal Profession Uniform Law Application Act 2014 (NSW) New South Wales Barristers' Rules (2014) Cases Cited: Briginshaw v Briginshaw (1938) 60 CLR 336 Council of the Law Society of New South Wales v Webb [2013] NSWCA 423 Council of the New South Wales Bar Association v EFA (A Pseudonym) [2021] NSWCA 339 Health Care Complaints Commission v Robinson [2022] NSWCA 164 Hughes (T/as Beesley and Hughes Lawyers) v Hill (2020) 382 ALR 231 Taylor v Council of the Law Society of New South Wales [2020] NSWCA 273 The Prothonotary of the Supreme Court of New South Wales v Farran [2003] NSWCA 372 Styles v Clayton Utz (No 3) [2011] NSWSC 1452 Vitality Works Australia Pty Ltd v Yelda (No 2) [2021] NSWCA 147 Xu v Council of the Law Society of New South Wales [2009] NSWCA 430 Category: Principal judgment Parties: Council of the New South Wales Bar Association (Applicant) Charles Waterstreet (Respondent) Representation: Counsel: P Griffin SC / N Evans (Applicant) P Strickland SC / R Withana (Respondent) Solicitors: Hicksons Lawyers (Applicant) Bartier Perry Lawyers (Respondent) File Number(s): 2021/00304647 Publication restriction: An order under s 64 of the Civil and Administrative Tribunal Act 2013 prohibiting the publication or disclosure of the names of specified witnesses and complainants is in force.