President's Message

04/08/2025

Following extensive consultation with the Chief Judge of NSW, the Association and the District Court of NSW have updated the protocol for dealing with complaints of judicial conduct.

The protocol, which has been in operation since November 2024, is not intended to be exhaustive of the mechanisms that barristers may wish to invoke when making a complaint about the conduct of a judicial officer of the District Court. Instead, it is designed to provide a means by which barristers can be supported and assisted in that process and, where appropriate, to avoid formality.

Some of the key amendments to the protocol include:

• Updates to the language of the protocol to ensure greater consistency with best practice complaint handling.

• Clarifying the role played by clerks in supporting barristers of 5 years or fewer call in raising concerns about the alleged conduct of judicial officers.

• Further information about the content and management of the confidential register, which records relevant information about complaints and any steps taken in response to those complaints.

• Greater protections to maintain appropriate confidentiality for all parties.

The amended protocol comes into effect today (4 August 2025).

My predecessor, Ruth Higgins SC, advised members about the establishment of the protocol with the District Court on 2 December 2024. This protocol built upon that with the Supreme Court of NSW and those developed by the Australian Bar Association and heads of federal jurisdictions.

The Association remains committed to addressing harassment, discrimination and bullying within the profession, including through the protocols with the District and Supreme Courts.