Ezekiel-Hart v The Council of the Law Society of the ACT (No 5)

The plaintiff in this case, Ezekiel-Hart, filed an application in the ACT Supreme Court against the Council of the Law Society of the ACT. The primary dispute centred on the inappropriate communication made by the plaintiff to the judge's chambers. Specifically, the plaintiff sent emails to the chambers that were not in line with the terms of Practice Direction No 1 of 2022, without prior knowledge or consent from the opposing party. This raised significant legal issues regarding the adherence to professional conduct rules and the appropriate channels for communication with the court.

The court had to determine whether the plaintiff's actions were compliant with the Legal Profession (Barristers) Conduct Rules 2021 (ACT) and the Legal Profession (Solicitors) Conduct Rules 2015 (ACT). These rules mandate that any communication with the judge's chambers must be preceded by obtaining consent from the opposing party. Given that no such consent was sought or obtained, the court found the communications to be inappropriate and in breach of the established rules of professional conduct.

In light of these findings, the court issued orders to prevent further improper communication with its chambers. The orders stipulated that no party could correspond with the judge's chambers unless it strictly adhered to the terms of Practice Direction No 1 of 2022 and complied with the relevant conduct rules. Additionally, any application to the court had to be accompanied by an appropriately drafted document that met the requirements of the Court Procedures Rules 2006 (ACT). The court also directed the Registrar to post a copy of the judgment and orders to the plaintiff, ensuring that he was formally informed of the court's decision.