The tribunal determined that it was a matter of personal rather than professional conduct
The Lawyers and Conveyancers Disciplinary Tribunal has dismissed charges filed by the New Zealand Law Society against an ex-government lawyer who disparaged an Australian judge, reported the NZ Herald.
The tribunal determined that the behaviour of the ex-lawyer, dubbed Mr K, was a matter of personal and not professional conduct.
Mr K had been helping his wife with a legal battle for custody of his stepdaughter in Australia. He claimed that the girl had been conceived through rape – a claim shot down by the Family Court.
In the process, the ex-lawyer accused Australian courts of being unfair to New Zealanders and alleged that an Australian judge “sought to evade her judicial obligations”. The Law Society charged him with vexatious behaviour, disgraceful conduct, failure to comply with court orders, inappropriate comments, and false statements to the court, among others.
In its ruling, the tribunal described Mr K’s behaviour as “deplorable”, but noted that he had already surrendered his practising certificate, did not act for members of the public, and did little legal work. Thus, his conduct did not affect his everyday professional responsibilities, particularly given the private nature of the Family Court.
“We find no risk to members of the New Zealand public arises from his conduct concerning any of the nine charges”, the tribunal indicated.
