SA court told family law barrister Madeleine Betro practised law without a licence for seven months, trials and cases in doubt

Dozens of custody, property and family law cases are in jeopardy after a court heard a repeatedly-praised barrister has been conducting trials, for months, without a licence.

A barrister hailed as a “rising star” of the industry practised while unlicensed for seven months, a court has heard – and legal sources fear dozens of family law decisions may now be declared void.

In an extraordinary set of allegations, the Supreme Court has heard Madeleine Betro operated without a valid practising certificate between July 2024 and February 2025.

It has heard she failed to renew her $745 certificate despite repeated emails from the Law Society and Legal Profession Conduct Commissioner.

It has also heard Ms Betro, who has been praised in the prestigious Doyles Guide for her “expertise and abilities”, ran Federal and Family Court trials during that time.

Family law barrister Madeleine Betro practised without a licence for seven months, the Supreme Court has heard. Picture: Supplied.

Ms Betro has asked the Society and Commissioner to exercise their discretion and grant her a backdated certificate, covering the period through which she was unlicensed.

That request has sparked a legal conundrum, featuring no less than 23 lawyers, in which both Attorney-General Kyam Maher and the state’s highest court are now involved.

Legal sources have told The Advertiser they are concerned the dispute could cause great disruption in the Family and Federal jurisdictions.

“It’s a matter of record that several judges have determined, in matters where she was counsel, evidence must be excluded because it was improperly obtained,” one said.

“That’s because the cross-examination was conducted by a person proclaiming to be authorised to practice, who did not in fact have a practising certificate.”

They have also raised questions about the actions taken by the Society and the Office of the Commissioner.

“Sending repeated emails is one thing – why did someone not make a phone call, or go see her and have all of this sorted out?” one asked.

“One has to ask, given they clearly knew about the situation, whether enough was done to prevent clients suffering harm.

“Now those clients can’t be sure whether judgments about matters most personal and private to them are safe, or if they will have to be reopened.”

Under SA law, any person with legal qualifications who intends to practice as a lawyer in SA requires a practising certificate.

To be eligible for that licence, they must meet the relevant academic and practical study requirements and hold professional indemnity insurance.

The certificate is administered by the Society, costs between $418 and $745 depending on its duration, and takes five days to approve.

The court has heard Ms Betro ran Federal and Family Court trials while allegedly unlicensed. Picture: Supplied.

Ms Betro’s matter was heard in a standing-room-only court last week, with seven barristers and solicitors at the bar table and a further 16 sitting in the public gallery.

Tom Besanko, for the Society, asked Justice Laura Stein to refer the matter to the Full Court of the Supreme Court for hearing.

“We say Ms Betro practised without a certificate from July 1, 2024 to February 4, 2025, including by way of appearing in trials in the Federal Circuit and Family Courts,” he said.

“It’s highly desirable for the issues this raises to be dealt with expeditiously, if that can be accommodated by the court.”

Todd Golding SC, for the Attorney-General, said his client would make submissions about the relevant laws rather than “the details of the particular case at hand”.

Legal Profession Conduct Commissioner Anthony Keane, who appeared in person, said he would do much the same.

“I might have something to say as to whether the discretion ought to be exercised, and in what way, in this instance,” he said.

“It is better that we get this matter progressed.”

Ian Robertson-Clark SC, for Ms Betro, said his client welcomed the matter being determined by the Full Court.

“She expects there will be conditions (placed on her licence) in respect of the renewal of her practising certificate,” he said.

Justice Stein told the parties she would speak with Chief Justice Chris Kourakis and arrange a time at which the Full Court could be convened to hear the matter.

Originally published as SA court told family law barrister Madeleine Betro practised law without a licence for seven months, trials and cases in doubt