Tensions have intensified between senior members of the New South Wales Local Court following a dispute involving a criminal case connected to a judge’s family and allegations of professional misconduct. The conflict centers on Local Court Deputy Chief Judge Sharon Freund, who is seeking to prevent the NSW Court of Appeal from allowing an investigation into her conduct by the NSW Judicial Commission.
Attorney-General Michael Daley initiated the referral for investigation at the direction of Local Court Chief Justice Michael Allen. The dispute escalated amid accusations that Judge Freund breached judicial protocols in managing a criminal case involving the adult child of another sitting judge. Judge Allen contends that Judge Freund failed to adhere to established conventions by not appointing an interstate judge to preside over the matter—compounding concerns given her personal relationship with the accused’s parent and her alleged failure to inform Judge Allen.
Judge Freund denies these claims, arguing that the criticism is part of an extended effort to undermine her responsibilities and diminish her standing within the judiciary. Her barrister, Arthur Moses SC, told the court that Judge Allen confronted Judge Freund aggressively in March 2026, accusing her of perverting justice and dishonesty. Judge Allen disputes portions of this account, acknowledging only that he confronted her over procedural errors.
According to Moses, standards for addressing conflicts of interest similar to those purported in this case are inconsistent, and Judge Freund’s decision to assign the case to a judicial officer without close ties to those involved was appropriate. Following her initial complaint to the Judicial Commission in May 2026, the commission dismissed the matter but included critical remarks regarding Judge Freund's conduct and adherence to protocol. These findings prompted Daley’s referral of her conduct for investigation in August.
Moses described the commission’s comments as seriously damaging, highlighting references to "irregular conduct," partiality, and allegations resembling "corrupt conduct," which he said could potentially end Judge Freund’s career. Further complicating the matter, a series of WhatsApp messages presented during the hearing suggest that despite recusing himself from involvement, Judge Allen maintained communication with Judicial Commission members concerning Judge Freund’s complaint. Moses asserted this violated the terms of Allen’s recusal, which was explicitly outlined by NSW Chief Justice Andrew Bell.
Following receipt of the commission’s June findings, Judge Allen provided them to Attorney-General Daley, who pursued a formal investigation into Judge Freund. Upon notification of the investigation in August, Judge Allen reportedly informed Freund he intended to place her on leave pending the commission’s review, prompting Freund to escalate the issue to the Court of Appeal.
During the hearing, Daley’s barrister Brendan Lim SC defended withholding Judge Allen’s evidence from Freund to avoid protracted disputes over conflicting accounts. Justin Gleeson SC, counsel for the Judicial Commission, emphasized that judicial officers being investigated do not possess greater rights than any other complainants.
The matter remains before the NSW Court of Appeal as tensions within the Local Court judiciary continue amid concerns over governance, judicial conduct, and internal conflict resolution.