Court of Appeal quashes referral against Deputy Chief Judge Freund

By the Editorial Team · Saturday, October 31, 2026

The New South Wales Court of Appeal overturned the NSW Judicial Commission’s referral of Deputy Chief Judge Sharon Freund to its conduct division, citing concerns over potential bias due to communications between Chief Judge Michael Allen and a commission member. The decision requires the commission to reevaluate the referral, highlighting the need for impartiality in judicial disciplinary processes amid ongoing tensions within the Local Court.

The New South Wales Court of Appeal has overturned a decision by the state’s judicial watchdog to refer Deputy Chief Judge Sharon Freund to its conduct division for investigation. The ruling, issued on Friday by a three-judge panel, requires the NSW Judicial Commission to reconsider whether Judge Freund should be referred for further inquiry.

The case centers on a prolonged dispute between Deputy Chief Judge Freund and Chief Judge Michael Allen, who presides over the state’s busiest court. The conflict came to public attention in May when Judge Freund lodged a complaint against Judge Allen, alleging bullying spanning approximately 18 months. The Judicial Commission dismissed her complaint.

Subsequently, the commission made adverse findings against Judge Freund concerning her conduct in a criminal case involving the child of another Local Court judge. These findings were forwarded by Chief Judge Allen to NSW Attorney-General Michael Daley, who directed the commission to refer the matter to its conduct division. The commission acted on this directive, initiating a referral against Judge Freund.

Judge Freund challenged the referral in the Court of Appeal, which ultimately quashed the commission’s decision. The court’s judgment highlighted concerns about potential bias linked to communications between Chief Judge Allen and a Judicial Commission member prior to the referral decision. The panel concluded that these exchanges could create a perception of partiality, necessitating a rehearing of the matter.

The behind-the-scenes conflict between the two senior judges adds complexity to the state’s Local Court administration, reflecting lingering tensions within the judiciary. The Court of Appeal ruling underscores the importance of procedural fairness in judicial oversight, ensuring that disciplinary processes maintain impartiality and transparency.

The NSW Judicial Commission is now tasked with reconsidering whether Judge Freund should be referred to the conduct division, taking into account the Court of Appeal’s findings. The outcome of any subsequent proceedings remains to be seen.

This article was reported by synthesizing coverage from multiple independent news outlets to present a balanced, unbiased account. Read about our editorial standards. Spotted an error? Let us know.