Victorian Bar investigating homophobic posters in lifts at Owen Dixon East Chambers

A member of the Victorian Bar is under investigation after CCTV showed homophobic notices being posted in lifts at a well-known Melbourne barristers’ chambers.

The homophobic notice was written on the Victorian Bar letterhead.

A member of the Victorian Bar is under investigation by the Legal Services Commission over the posting of a homophobic notice in a barristers’ chamber’s lift.

As the Herald Sun revealed last week, the Victorian Bar association reviewed CCTV footage inside the lift in Owen Dixon East Chambers after a spoof notice making reference to a “LGBTQMS review committee” appeared. MS at the end of the acronym stands for “mud screwers”.

The notice, purporting to be from the Victorian Bar, was removed and an investigation was launched.

On Wednesday, Victorian Bar president Roisin Annersley QC wrote to members advising them that she had made a complaint to the Legal Services Commissioner “about a member of the Bar in respect of the offensive notice posted in the lifts of Owen Dixon Chambers East on 10 August 2022.

“Accordingly, the Commissioner has the power to, inter alia, investigate conduct which may constitute unsatisfactory professional conduct or professional misconduct. The Victorian Bar does not have such power,” she wrote.

A spokesman for the Legal Services Commission said he could not comment on whether or not the Commissioner was conducting an investigation.

However, the Victorian Legal Services Commissioner can impose a range of penalties on a lawyer if found guilty of unsatisfactory professional misconduct.

These include an apology, counselling, supervision, training, a reprimand or the payment of compensation.

More serious cases attract a fine of up to $25,000, charges laid against the lawyer by VCAT or conditions applied to their practising certificate.

Victorian Bar investigating homophobic posters

The Victorian Bar association is reviewing CCTV footage taken from inside a well-known barristers’ chambers as part of an investigation into homophobic notices posted in lifts.

A notice, purporting to be from Victorian Bar, and written on its letterhead, calls for members of a spoof “LGBTQMS” review committee. MS at the end of the acronym stands for “mud screwers”.

As the letter, posted on Wednesday night in four lifts in Owen Dixon East Chambers, states that the letters “refers to mud screwers because as the American Jewish comedian the late and great Lenny Bruce once said: “Some guys would screw mud”.

The letter, headed ESTABLISHMENT OF LGBTQMS REVIEW COMMITTEE, opens: “Members of the Bar identifying with one (or more) of the minority groups represented by the anagram above have expressed concerns that briefs from various large litigators both governmental and private have not been disproportionately directed to them”.

“It is resolved to form a subcommittee to investigate the basis of this concern, how many barristers are affected and what steps can be taken to alleviate the situation.

“Membership is open to all members of more than ten years call, be they junior or silk, who fall into at least one of the categories, thus, white, male heterosexuals will not be eligible to serve.”

Victorian Bar president Roisin Annesley, QC, wrote to bar members on Thursday referring to an “offensive notice that was placed in the lifts of ODCE (Owen Dixon Chambers East) last night”.

She said the notice was not from Victorian Bar and had now been removed.

“The Victorian Bar condemns the contents of the notice and is investigating the matter,” she said.

A source inside the chambers said homophobic slurs were common, along with sexual harassment.

“The Supreme Court now requires all applicants for silks (QCs) to undergo mandatory sexual harassment training. There was a big backlash against that from the old white men,” the source said.

The Victorian Bar has been active in implementing strategies for eliminating discrimination against the LGBTIQ community. Their website contains information about LGBTIQ discrimination, transgender awareness and intersex inclusion.

The Law Council suggests legal practices run mandatory LGBTIQ awareness, support LGBTIQ events and provide pro bono services to LGBTIQ groups.

There are also a number of LGBTIQ legal groups, including the Gay Friendly Rainbow Flag Network and GayNetLaw which is a directory of gay and lesbian barristers.

Nearly one in four LBGTIQ lawyers in the US and UK reported experiencing homophobia in the workplace.