The barrister Sue Chrysanthou is to be reprimanded by the Bar Council for “unsatisfactory professional conduct” related to her decision to represent Christian Porter in defamation proceedings against the ABC.
Guardian Australia understands the governing body of the New South Wales Bar Association made the decision on 8 June after a complaint from Jo Dyer.
Porter launched defamation proceedings against the ABC in March 2021 over an online article that alleged a cabinet minister had been accused of rape in January 1988 in a dossier sent to parliamentarians. After identifying himself as the minister, Porter strenuously denied the allegation.
Dyer, a friend of the woman who had accused Porter, successfully sued to force Chrysanthou off Porter’s legal team by arguing Chrysanthou had received confidential information in November 2020 when Dyer had engaged her to advise in a related matter.
Justice Thomas Thawley said Chrysanthou would have to relinquish the brief because she had received confidential information which was relevant to the ABC defamation case and could present a “danger of misuse”.
“A fair minded person of the public would say Ms Chrysanthou should not act for Mr Porter,” Thawley found.
Porter then discontinued the defamation case against the ABC, which added an editor’s note on its story saying it “regretted” that some readers had “misinterpreted” the article “as an accusation of guilt against Mr Porter”.
In July 2022 Porter lost an appeal against the federal court decision that blocked Chrysanthou from acting for him.
Dyer made a professional complaint against Chrysanthou, alleging she had breached the bar rules because she was in a lawyer-client relationship with Dyer but had failed to seek her consent to act for Porter or inform her she intended to do so.
She argued Chrysanthou was aware she possessed confidential information that put her in conflict with Dyer’s interests.
The Bar Council agreed with this ground of the complaint, finding that Chrysanthou had “engaged in unsatisfactory professional conduct in respect of a disciplinary matter”. It further resolved to make an order that Chrysanthou be reprimanded.
Chrysanthou had a period of 28 days in which to seek an appeal against, or review of, the Bar Council’s decision.
In May 2021, after the federal court decision, Porter’s solicitor, Rebekah Giles, said Chrysanthou had been “subject to great pressure but has provided her services fearlessly”.
“Mr Porter wishes to thank Ms Chrysanthou for her efforts,” she said. “She is an outstanding and dedicated lawyer, a true leader in her field.”
Guardian Australia contacted Chrysanthou for comment.
