President’s Message – 2 December 2024

02/12/2024

On 29 November 2024, following extremely constructive discussions with the Chief Judge of the District Court of New South Wales, the Association agreed a protocol with the District Court for dealing with complaints about judicial conduct.

The protocol is not intended to be exhaustive of the mechanisms that barristers may wish to invoke, but is intended to provide a means by which barristers can be supported and assisted in making both formal and informal complaints about the conduct of a judicial officer of the District Court.

As set out in the protocol, a barrister or clerk on behalf of a barrister, may contact the President of the Bar Association or an independent contact person nominated by the Executive of the Bar Council (the Judicial Conduct Liaison Officer) to raise concerns about the conduct of a judicial officer. Contact can be made by telephone, email or in person. We will provide further information in due course in respect of the Judicial Conduct Liaison Officers appointed pursuant to the protocol.

This new protocol builds upon the existing protocol with the Supreme Court of NSW and the protocols developed by the Australian Bar Association and heads of federal jurisdictions.

The Judicial Officers Act 1986 (NSW) provides a means for any person to complain about the ability or behaviour of judges and registrars, but not their decisions. Complaints about a judicial officer's conduct may be made in accordance with those procedures.

However, the Bar Association acknowledges that, depending on the nature of the judicial conduct, barristers may prefer to raise their concerns through a different mechanism. The establishment of a protocol between the Association and the District Court of New South Wales is part of a series of initiatives to address harassment, discrimination and bullying within the profession.