Adelaide ‘sex pest’ barrister case sparks warnings from legal watchdog that victims will be heard

Victims of legal profession bullying or harassment should have “full confidence” all complaints will be investigated, a watchdog warns amid sexual misconduct case secrecy.

Authorities urged anyone who believes they are a victim to come forward.

Victims of legal profession bullying, discrimination or harassment should have “full confidence” all complaints will be investigated, a watchdog warns amid outrage at sexual misconduct case secrecy.

A well-known Adelaide barrister, who cannot be named for legal reasons, is accused of “inappropriate and uninvited physical and sexual contact” to a junior solicitor in 2020.

The married father denies wrongdoing and has not been charged with any crimes.

The case, which has been subject of Court of Appeal hearings, has sparked widespread legal profession “unrest” over claims there is a perception the justice system, and the industry’s professional association, is “protecting one of their own”.

But as authorities urged any industry victim to come forward, leaked correspondence laid bare internal Law Society fury at alleged breaches of “confidentiality”.

In a statement, Legal Profession Conduct Commissioner Anthony Keane said he appealed a tribunal ruling because the decision “imposed unreasonable restrictions on me”.

But he added: “I appreciate that there are widely held concerns around transparency and accountability when it comes to reporting or making a formal complaint about bullying, discrimination or harassment in the legal profession.

“I would again like to reassure everyone working in the profession who is experiencing bullying, discrimination or harassment that they can have full confidence in me and my office to consider complaints and take action as appropriate, and available, under the legislation.

“If you are experiencing bullying, harassment or discrimination or are aware of it occurring in the profession but are not prepared to make a complaint, I encourage you to report the conduct to me.”

Three senior justices – including the state’s top judge – last week invoked temporary secrecy orders – condemned as a “quasi-suppression” – and published an anonymised case ruling.

Equal Opportunity Commissioner Jodeen Carney declined to comment on the tribunal case but she was aware of the matter.

But she said in the course of a review into harassment, discrimination and bullying in the legal profession, some practitioners felt “hamstrung by the existing processes and mechanisms”.

Leaked documents show Law Society governing council members have been “reminded” about confidentiality.

Officials also rejected any inferences it doesn’t take sexual harassment or bullying seriously, arguing the opposite was true.

The society intervened because the case was not “frivolous or vexatious” needed to be subject of a hearing but any naming of the practitioner was a matter for the courts.

All parties have declined to comment.