Charles Waterstreet introduced staff to ‘porn star’ client who had ‘biggest c..k in Australia’

Colourful barrister Charles Waterstreet has been found to have sexually harassed his staff. But the NSW Bar Association’s attempts to ban him might fall short. Read why.

Colourful barrister Charles Waterstreet sexually harassed his staff by handing one “a drawing of my beautiful penis” and introducing another to a “porn star” client who had “the biggest c..k in Australia”.

The lawyer, who helped inspire the TV series Rake, was found to have committed professional misconduct against three of his female employees, who working as his legal assistants, two of whom were university students.

But a tribunal has ruled that Mr Waterstreet did not fail the character test to work in his profession because his “poorly controlled” bipolar was “the dominant causal factor” in his offending.

That finding, in the NSW Civil and Administrative Tribunal on Friday, came after the NSW Bar Association’s long-running battle to have Mr Waterstreet banned from working as a barrister.

The second stage of the case — which will decide Mr Waterstreet’s fate in the industry — has been set down for a two-day hearing starting on August 12.

Barrister Charles Waterstreet. Picture: Ben Rushton

The tribunal found five out of 17 sexual harassment complaints had been established.

But NCAT’s three-member panel declined to find that Mr Waterstreet was not a fit and proper person to work as a barrister “on account of attributes of his character”.

Instead, the panel accepted psychiatric evidence that showed “Mr Waterstreet’s then undiagnosed and poorly controlled bipolar II disorder was the dominant causal factor in his offending conduct”. The finding leaves open the possibility that the controversial barrister could continue working if he follows a treatment plan.

Mr Waterstreet is set to face another hearing before his fate is decided. Picture: Richard Dobson

Mr Waterstreet said he “welcomes the decision of the tribunal making findings that the

majority of the allegations of sexual harassment were not made out”.

He also said he was committed to “programs focused on my continual growth and personal improvement”.

“I suffered from an undiagnosed but serious mental health condition at the time, Bipolar II, which contributed to my conduct. Thankfully the condition can be treated,” he said.

The tribunal heard that in October 2014, Mr Waterstreet told one of his employees “I want to rub her all over” after a conference with a client.

The woman complained that Waterstreet showed her a pornographic video in December 2014 that featured a woman moaning.

In March 2015, while in his chambers in the Sydney CBD, the barrister showed the woman “a pencil drawing of a flaccid penis and said words to the effect of ‘this is a drawing of my beautiful penis’,” the tribunal heard.

He was also found to have failed to pay the woman $1580 in wages.

Another woman complained that the barrister showed her a black vibrator while in his office, and introduced her to a man described as a “porn star” whom Mr Waterstreet said had “the biggest c..k in Australia”.

In relation to the sex toy, the tribunal was told Mr Waterstreet told the woman “it has been sitting there for three years, and for the first time recently, a client had realised what it was and asked me why it was there.”

“(Mr Waterstreet) then proceeded to laugh out loud,” the tribunal heard.

Inside a lift at a Castlereagh St barristers chambers, the tribunal heard Mr Waterstreet asked one of the women “which one of the three of us would you prefer?” in relation to himself and two other men.

The woman laughed uncomfortably, evaded eye contact and did not answer.

The tribunal heard Mr Waterstreet said “my friend is your age but if you like money” and gestured to himself as he looked the woman up and down.

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