Sue Chrysanthou, SC, has been restrained from acting in Christian Porter’s defamation matter against the ABC. Mr Porter was the former Commonwealth Attorney General.
Justice Thomas Thawley determined yesterday that Ms Chrysanthou was given confidential information at a meeting on 20 November 2020.
The NSW conflict of interest practice rules require a legal professional to disclose to ‘a potential client’ all information within the practitioner’s knowledge that is relevant to their matter in order to comply with the long-standing rule. The key element when deciding on that point is the relevance of the information that is required to be disclosed. The obligation also extends to a duty not to put one’s, (the legal practitioner’s) own or anyone else’s interests before those of a potential client.
“I have concluded Ms Chrysanthou was given information in the conference that was confidential, and which has remained confidential,” Justice Thawley said in his summary of his judgment. Justice Thawley when on to say that he was satisfied that Mr Porter would be able to retain suitable alternative counsel to replace Ms Chrysanthou.
Ms Chrysanthou has contributed to the preparation of Mr Porter’s defamation claim and is a preeminent practitioner in the field of defamation law. Mr Porter’s lead counsel in the matter is Mr Bret Walker SC. He appeared for Cardinal George Pell before the High Court of Australia on appeal and was successful in overturning Pell’s convictions pertaining to a number of historical sex offences involving two children during his tenure as Archbishop of Melbourne.
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“I have concluded there is a danger of the misuse of confidential information,” Justice Thawley said.
“I have concluded some of the confidential information is relevant in the defamation proceedings for Mr Porter.
“I have concluded that the integrity of the judicial process … requires Ms Chrysanthou be restrained from acting for Mr Porter.”
Ms Rebekah Giles, solicitor, for Mr Porter, said in a statement: “In representing Mr Porter, Ms Chrysanthou has been subject to great pressure but has provided her services fearlessly. Mr Porter wishes to thank Ms Chrysanthou for her efforts. She is an outstanding and dedicated lawyer, a true leader in her field.”
The ruling followed an urgent hearing this week to determine whether Ms Chrysanthou could continue to act for Mr Porter.
Ms Jo Dyer, a friend of the woman who accused Mr Porter of the alleged historical sexual assault, brought legal action against Ms Chrysanthou in order to restrain her from acting for Mr Porter.
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In response, Mr Porter’s lawyers argued in favor of retaining Ms Chrysanthou, and submitted that she had no information or material that could benefit Mr Porter. They went further and said in effect that it did not matter what was spoken about at the meeting because Ms Chrysanthou did not remember anything of any substance that could be remotely regarded as confidential.
It’s noteworthy, Ms Chrysanthou did not charge for her time when she met with Ms Dyer in November last year. The conversation was in relation to an article published in The Australian.
