Top SA lawyer Claire O’Connor SC accuses judge of sexual harassment or bullying, blasts inequality of profession in Facebook post
EXCLUSIVE: A senior lawyer has claimed she was sexually harassed or bullied by an unnamed judge and slammed her profession for inequality and favouritism in an explosive Facebook attack. READ HER FULL POST
A SENIOR lawyer has claimed she was sexually harassed or bullied by an unnamed judge — and says her profession overvalues parentage, gender, skin colour and sexual preference.
In a now-deleted Facebook post provided to The Advertiser, Claire O’Connor SC accuses current Law Society president David Caruso and his successor, Tony Rossi, of voting “against gender equality”.
The barrister and refugee advocate, who lost her bid for the 2018 presidency to Tim Mellor, says she is “not surprised that a white male from a large law firm won”.
“I am smiling though because I know that I am on the wave of the future of the profession, where inclusion and diversity matters,” she says in the post.
“Daddy, schooling, skin colour, gender preference (and) disability will not impact such appointments in generations to come.
“Sexual harassment and bullying at work — yes, I’ve been the victim of serious infringements, once by someone who now sits on our District Court — will be a thing of the past.
“All those prejudices and privileges which have stood on me for all of my career will not suppress the lawyers of the future.”
The post, which has gone viral in Adelaide’s legal community, is now the subject of peak body inquiries and could lead to disciplinary action.
Ms O’Connor did not respond to The Advertiser’s requests for comment yesterday.
It is understood she has apologised to the society, and the Supreme and District Courts, for offence caused by her comments.
Mr Caruso said it would be discussed at the November meeting of the society’s governance council — of which Ms O’Connor is herself a member.
He said that, as president, he would consider whether any form of ethical or professional conduct inquiry should follow.
“We are concerned by the possible negative suggestions which a reader might draw from the post about individuals and key institutions within the administration of justice,” he said.
“We are particularly concerned because there does not seem to be any reasonable basis given for some of the suggestions in the post.
“We are very much concerned by the statement that Ms O’Connor was the victim of sexual harassment or bullying, and have written to her to offer every support we can.”
Ms O’Connor is a barrister at Villeneuve Smith Chambers on North Tce and has appeared across the state’s criminal jurisdictions, in the High Court and the Federal Court.
She made headlines in 2014 with a Law Society Bulletin piece that decried the under-representation of women in legal circles.
In the Facebook post, Ms O’Connor says she unsuccessfully stood for election as 2018 society president against Mr Mellor, a partner at Mellor Olssen.
She notes the last election for the position was in the 1990s with “the usual process being a person gets on the executive, which then chooses who the next president elect will be”.
“That was how Mellor was chosen, and Tony Rossi who’s your next president, and your current president (Mr Caruso),” she says.
“Without my nomination Mellor would have, like decades of presidents before, simply walked into the role with most of us in the profession in the dark about the process.
“I am not surprised that a white male from a large law firm won.
“It probably wasn’t helped by people thinking that gifting the president elect was the ‘right’ way to do things and seeking a vote was wrong of me.”
Ms O’Connor tells supporters “the Mellors of the profession” are “the past” compared with the increased number of disabled, gay, female and Aboriginal lawyers, and female judges.
“We now guarantee female council representation (at the Law Society) following an urge to change the constitution, and made sure those wanting a secret ballot lost,” she says.
“Yes — the current president voted against gender equity, as did your next president.”
Ms O’Connor comments that Mr Caruso, Mr Rossi and Mr Mellor had not worked in Legal Aid practices and says the number of women appointed SC remained too low.
“When I applied for silk in 2013 and was unsuccessful ... all appointments from the bar were male and were the children of or related through marriage to judges,” she says.
“So. The times they are a-changing.”
“It would have been a privilege to be the president of a future profession, but I will not give up my advocacy for those things I stand for and value.”
Ms O’Connor says her supporters are “part of a different future” for the legal profession.
“After all — didn’t we do law for a just world?” she says.
“And that has to be a world that doesn’t give affirmative action to those of particular classes and gender.”
On Thursday, Mr Caruso said the Society’s letter to Ms O’Connor detailed both methods for her to report sexual harassment and bullying and “its concerns” about her post.
“The Law Society, just like the entire legal profession, is committed to the goals of increased gender diversity and equality,” he said.
“To the extent Ms O’Connor has referred to me, I consider those comments to be a matter for her.”
Mr Rossi said he fully supported Mr Caruso’s comments regarding the post.
“It would not be appropriate to comment further until the (society’s) council has dealt with the matter,” he said.
Mr Mellor said he did not want to comment on the post as he did not have “anything to add to the process”.
A courts spokeswoman said the Law Society had brought the post to Chief Justice Kourakis’ attention.
“It is not appropriate at this stage that the Chief Justice make any statement about the steps he has taken, or may take, in respect of the post,” she said.
The full Facebook post by Claire O’Connor SC
Dear colleagues
As many of you know I stood for president elect of the Law Society of SA against Tim Mellor, a partner at Mellor Olssen. Which is for the 2018 president.
I have just found out I was unsuccessful.
I’m writing to thank all those who not only supported me but also encouraged others to vote for me.
I do not regret standing. There has not been an election for this position since the 1990s — with the usual process being a person gets on the executive which then chooses who the next president elect will be.
That was how Mellor was chosen. And Tony Rossi who’s your next president. And your current president.
Without my nomination Mellor would have, like decades of presidents before, simply walked into the role with most of us in the profession in the dark about the process.
I am not surprised that a white male from a large law firm won.
It probably wasn’t helped by people thinking that gifting the president elect was the ‘right’ way to do things and seeking a vote was wrong of me.
Or helped by the law society reminding the profession of that in its mailout on Friday hours before polls closed.
But he won.
But don’t lose heart.
I am aware we are at the cusp of change in the profession, nay, the world.
And the Mellors of the profession are, albeit some are decent people, the past.
If you are under 38 the majority of you are female.
If you are graduating now, unlike me when I was admitted to the profession, you will look around and share the roll with Aboriginal lawyers. The first Aboriginal lawyer in SA didn’t graduate until I had been practising for five years
If you are a partner in a law firm you will see more and more women share in that responsibility. When I graduated were there ANY in SA?
If you look at the bench more and more diverse appointments will be made.
When I started practising the first — and only — female was on the SCt Bench. Now there have been 7 altogether. OK there have been dozens of men but ...
When I came to SA homosexual law reform had only just occurred but not elsewhere in Australia.
Now I have the privilege of (working with) gay barristers.
And many gay friends are on the bench. And Justice Kirby came out but decades after his first judicial appointment.
When I did my first argument in the High Court (Al Kateb — 2004) the court officer explained his disappointment that there were no female judges at all when discussing the judges who were there. He saw it as a loss. As did I. Now there are three.
When I rejoined the Law Soc. council a few years ago and told them gender inequality was an issue it was a struggle to get that any traction. In spite of a national report by the law council that was shocking in its revelations about what women put up with.
We then set up the gender working group achieving a number of changes. No longer will there be CPDs where — for example — two whole weekend of presentations will only have one female for each but dozens of men. That was 2014!
We now guarantee female council representation following an urge to change the constitution. And made sure those wanting a secret ballot lost. Yes — the current president voted against gender equity. As did your next president.
Hmmm
But
We now have a new diversity committee of the law society. We have disabled barristers and solicitors, gender diversity, cultural diversity and indigenous representation.
The Bar now recognises that women fare badly. But with a struggle on that front too.
Equitable briefing is slowly being adopted. We have a committee of women barristers now — which was strongly opposed by the then president when I met to suggest. Then beg. Then it was suggested to me I agree to a male head to give us weight.
We have a silk undertaking but many silks yet to support.
We have only had a scattering of leaders for decades at the Society who have done legal aid yet the failure to deliver justice to those unheard clients is a huge challenge. The current, future and president elect have not had legal aid practices.
Many of you on council know this. And remain there to ensure those unheard client voices are not silenced.
The percentage of women making Silk — being appointed to the Bench — being admitted to the boardroom is still too low.
When I applied for silk in 2013 and was unsuccessful — getting it the following year — all appointments from the bar in my failed year were male and were the children of or related through marriage to judges.
So.
The times they are achanging
It would have been a privilege to be the president of a future profession.
But I will not give up my advocacy for those things I stand for and value.
Thank you. Again. To those who helped.
I won’t tag you all as I will forget someone and feel regret.
I am smiling though because I know that I am on the wave of the future of the profession. Where inclusion and diversity matters. Daddy — schooling — skin colour — gender preference — disability — will not impact such appointments in generations to come.
Sexual harassment and bullying at work — yes I’ve been the victim of serious infringements — once by someone who now sits on our District Court — will be a thing of the past.
All those prejudices and privileges which have stood on me for all of my career will not suppress the lawyers of the future.
And my friends here reading this are part of a different future.
After all — didn’t we do law for a just world.
And that has to be a world that doesn’t give affirmative action to those of particular classes and gender.
I’d hate to think my experience would put anyone off. It certainly hasn’t me.
Claire
Who is Claire O’Connor?
■ Graduated from the University of Otago, New Zealand with a law degree in 1980.
■ Admitted to practice law in South Australia in 1982.
■ Between 1990 and 2006 worked as a criminal barrister and solicitor for the Legal Services Commission before moving to Anthony Mason Chambers in Adelaide as a barrister.
■ In September 2015, Ms O’Connor moved to Villeneuve Smith Chambers as barrister where she has been practising criminal, human rights, family, personal injuries and administration law.
■ In 2006 she won both the Law Society of South Australia Justice Award and the Brian Withers Award for service to the Law Society and Profession.
■ In 2008 she won the Australian Lawyers Alliance Social Justice Award.
■ Member of the SA Bar Association since August 2005.
■ Appointed as Senior Council on September 11, 2015 by Chief Justice Chris Kourakis.
■ Champions human rights and women’s issues and has been a mentor and advocacy trainer.
■ Has been counsel for parties in Royal Commissions and inquiries, including Aboriginal Deaths in Custody, Hindmarsh Island Bridge, Kapunda Road and the unlawful detention of Cornelia Rau.
■ One of several authors who wrote a joint article on the conditions for refugee women in Nauru.