§ discipline
‹ Browse decisions

de Robillard, Christian Roger

JurisdictionAustralia — New South Wales
BodyOffice of the Legal Services Commissioner (NSW) (OLSC)
Professionbarrister — (Formerly) St James Centre
Case number[2021] NSWCATOD 207
Date10-Dec-2021
HearingNSW Civil & Administrative Tribunal - Occupational Division
OutcomeOrder recommending removal of lawyer's name from the Roll of Australian Lawyers $0.00 Proceedings Instituted

Allegation / charges

<p><span style="color: black;">Ground 1: Fundamental breaches of the </span><em style="color: black;">Legal Profession Uniform Conduct (Barristers) Rules 2015,</em><span style="color: black;">&nbsp;in summary</span><em style="color: black;">:</em></p><p><span style="color: black;">1.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;invoking the coercive powers of the Supreme Court against an officer of the Court (solicitor) resulting in the solicitor having to cease acting for his client and being required to defend himself when there was no reasonable justification in the materials then available to the barrister;</span></p><p><span style="color: black;">2.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;the making of unfounded serious allegations of misconduct against a solicitor;</span></p><p><span style="color: black;">3.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;an awareness by the barrister of the seriousness of the allegations being made;&nbsp;and</span></p><p><span style="color: black;">4.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;conduct which was clearly considered and not on the spur of the moment given that the&nbsp;barrister had been alerted to the shortcomings of the allegations and pleadings that he had authored but persisted with the claims seeking to justify them in written submissions.</span></p><p>&nbsp;</p><p><span style="color: black;">Ground 2: Failure to comply with an order of the Supreme Court of New South Wales to pay a personal costs order dated 7 June 2017</span></p> — Professional Misconduct Unsatisfactory Professional Conduct

Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision

SanctionOther
Dishonesty foundNo

A barrister faced two grounds: fundamental breaches of the Legal Profession Uniform Conduct (Barristers) Rules 2015 by invoking the Supreme Court's coercive powers against a solicitor and making unfounded serious misconduct allegations without reasonable justification and persisting with them; and failure to comply with a Supreme Court personal costs order dated 7 June 2017. The conduct was characterised as professional misconduct and unsatisfactory professional conduct. No express finding of dishonesty and no sanction details are contained in the excerpt provided.

Duties found breached:

Aggravating factors:

  • Conduct was considered and deliberate, not on the spur of the moment
  • Barrister persisted with claims after being alerted to shortcomings of the allegations and pleadings

⚠ figures not found verbatim in the source were dropped: ["extracted_from_register_summary"]

Duties engaged

Other decisions involving this respondent

  • [2024] NSWCA 299 2024-12-13 · OLSC · Australia — New South Wales · Removal of name from Supreme Court Roll $0.00 Proceedings I…
  • Decision 2020-08-20 · OLSC · Australia — New South Wales · Reprimand $0.00 About ​ About the OLSC The Commissioner His…
  • Decision 2019-06-06 · OLSC · Australia — New South Wales · Reprimand $0.00 About ​ About the OLSC The Commissioner His…
  • Decision 2018-11-09 · OLSC · Australia — New South Wales · Reprimand $0.00 About ​ About the OLSC The Commissioner His…
  • Decision 2018-11-09 · OLSC · Australia — New South Wales · Reprimand Reduce the fees charged for work he was retained …
  • Decision 2018-06-21 · OLSC · Australia — New South Wales · Cancellation of Practising Certificate effective from midni…
  • Decision 2003-03-28 · OLSC · Australia — New South Wales
  • Decision 2003-02-13 · OLSC · Australia — New South Wales · Cancellation of Practising Certificate $0.00 Practising Cer…

Matched by respondent name — may include a different person with the same name.

Documents

  • 📄 Decision / judgment (upstream) unavailable: robots-gated: caselaw.nsw.gov.au disallows /decision for all agents; fetch only via discipline.nsw_caselaw_docs after written permission from caselaw@justice.nsw.gov.au
  • 📄 Decision / judgment (upstream) unavailable: robots-gated: caselaw.nsw.gov.au disallows /decision for all agents; fetch only via discipline.nsw_caselaw_docs after written permission from caselaw@justice.nsw.gov.au

Source: https://portal.olsc.nsw.gov.au/dasearchbn/daresultdetail?id=58080eac-4a1a-4983-ac27-e1b68ca898bc