Family Court declines to invalidate evidence taken by barrister Madeleine Betro while she was allegedly working unlicensed
As she awaits a decision on her future, this barrister – wife of an aspiring Liberal MP – has been the topic of discussion in a Family Court judgment.
Police & Courts
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A barrister running a custody trial without a licence to practise law does not make its evidence invalid nor outweigh the best interests of children, a court has ruled.
The Advertiser can reveal the Family Court will not reconsider a trial conducted, earlier this year, by Madeleine Betro – wife of aspiring Liberal MP Scott Kennedy.
In a judgment published online, Family Court Judge Anna Parker said Ms Betro spent two days, on behalf of one parent, cross-examining their former spouse over a custody dispute.
More than 10 days later, she said, the court became aware of allegations Ms Betro had been working without a valid practising certificate since July 2024.
Judge Parker said there was “no doubt that the practice of law without a practising certificate is a serious matter”.
“It may be that the problem with respect to Ms Betro’s practising certificate will be retrospectively rectified, but that is not presently known,” she said.
“There is no evidence before this Court to enable a finding as to whether the conduct in question was deliberate or reckless as opposed, for example, to having been negligent.
“In particular, there is no evidence as to whether Ms Betro was aware that she did not hold a valid practising certificate at the time of her appearance in the trial of this matter.
“I am not satisfied that the fact that Ms Betro did not hold a practising certificate had any material impact on the fairness of the trial (or) any miscarriage of justice arose.
“There is a public interest in all relevant evidence being made available to courts, particularly so in cases concerning the best interests of children … the evidence will not be excluded.”
Last week, The Advertiser revealed Ms Betro had been accused of working without a licence, and had asked the Full Court of the Supreme Court for a retrospective practising certificate.
She first made headlines in December 2010, when she and her twin sister, Olivia, graduated from Westminster School with identical ATARs of 95.7.
Her legal work has been widely praised in the past, including in the prestigious Doyles Guide, and she has been named a “rising star” of the profession.
Ms Betro’s husband is the Liberal Candidate for the seat of Morialta in next year’s state election.
Morialta will become vacant when John Gardner, a former education minister, leaves politics at the state election.
Ms Betro features in a photograph posted to both Mr Kennedy’s Facebook and that of the party, announcing his preselection in February.
She appears in a second, selfie-style photography on Mr Kennedy’s page, depicting the couple out for coffee in his prospective electorate.
In its Full Court documents, the Law Society asks the court to determine what monetary fine – if any – Ms Betro should have to pay if a new certificate is issued.
It also asks the court to consider what conditions should be placed upon her licence to practice law should it be renewed.
Finally, the Society asks the court to make the final decision as to whether any certificate issued should operate from June 18, or be backdated to July 2024.
The Full Court will hear the matter next month.
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